Trace v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 58, April T., 1904, by defendant, from judgment of C. P. Venango Co., April T., 1903, No. 25, on verdict for plaintiff, in case of C. E, Trace v. Pennsylvania Railroad Company. Trespass to recover damages for the loss of two horses. Before Creswell, P. J. At the trial it appeared that the horses were lost in a fire during their transportation from Franklin to Johnstown. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 58, April T., 1904, by defendant, from judgment of C. P. Venango Co., April T., 1903, No. 25, on verdict for plaintiff, in case of C. E, Trace v. Pennsylvania Railroad Company. Trespass to recover damages for the loss of two horses. Before Creswell, P. J. At the trial it appeared that the horses were lost in a fire during their transportation from Franklin to Johnstown. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for if1,245. Defendant appealed. Errors assigned were (1-6) the instructions quoted in the…
1Opinion of the Court
Opinion by
Beaver, J.,
It was said in Willock v. Penna. R. R. Co., 166 Pa. 184: “ A common carrier is bound to employ safe and sufficient means of carriage, trustworthy and competent servants and, by himself or his agent, to exercise an intelligent supervision over the system of carriage which he employs. He is, therefore, to all intents and purposes, an insurer against such perils of transportation as it is his duty to provide against; and these include all the perils of the journey, except such as arise from ‘ the act of God or the king’s enemies.’
“ Our forefathers brought this definition of…
2Cases cited5 opinions
- Laing v. ColderSupreme Court of Pennsylvania · 1848
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867
- Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895
- Powell v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1859
3Cited by6 opinions
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Leh v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1906
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Ridge v. Erie Railroad Co.Superior Court of Pennsylvania · 1913
- Bair v. Adams Express Co.Superior Court of Pennsylvania · 1917
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