Willock v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 84, Oct. T., 1894, by defendant, from order of C. P. No. 3, Allegheny Co., May T., 1892, No. 584, making absolute a rule for judgment for want of a sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit to recover the value of sixty barrels of petroleum shipped by plaintiff from Oil City to Richmond, Virginia. Plaintiff’s statement averred that the oil was lost by reason of defendant’s negligence.
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Appeal, No. 84, Oct. T., 1894, by defendant, from order of C. P. No. 3, Allegheny Co., May T., 1892, No. 584, making absolute a rule for judgment for want of a sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit to recover the value of sixty barrels of petroleum shipped by plaintiff from Oil City to Richmond, Virginia. Plaintiff’s statement averred that the oil was lost by reason of defendant’s negligence. Plaintiff attached to and made part of his statement the bill of lading under which the oil .was shipped, the sixth clause of which…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
Who shall be deemed a common carrier, and what are the nature and extent of his undertaking, are questions that were settled centuries ago upon common law principles. 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 *188carriage 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…
2Cases cited16 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Wager v. Providence InsuranceSupreme Court of the United States · 1893
- Laing v. ColderSupreme Court of Pennsylvania · 1848
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- Hartford Fire Insurance v. PayneSupreme Court of Iowa · 1923
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- Allam v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
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