Legal Opinion

Pennsylvania Central Railroad v. Schwarzenberger

Supreme Court of Pennsylvania

Decided July 1, 1863PublishedCited by 4 opinions

. Oeiotitcate from the Court at Nisi Prius. This was an action on the case brought by Lipman Schwarzen-Derger against The Pennsylvania Railroad Company, for the recovery of damages for the loss of his carpet-bag, containing, as was averred, the wearing apparel of the plaintiff, $728 in gold coin, and a watch, chain, seal, and key, valued at $180. The plaintiff took passage at Philadelphia for Cincinnati on the 10th of February 1861, having purchased at the ticket-office of…

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. Oeiotitcate from the Court at Nisi Prius. This was an action on the case brought by Lipman Schwarzen-Derger against The Pennsylvania Railroad Company, for the recovery of damages for the loss of his carpet-bag, containing, as was averred, the wearing apparel of the plaintiff, $728 in gold coin, and a watch, chain, seal, and key, valued at $180. The plaintiff took passage at Philadelphia for Cincinnati on the 10th of February 1861, having purchased at the ticket-office of the defendants a through ticket, and received from the proper officer of the company a brass check for his carpet-bag,…

1Opinion of the Court

The opinion of the court was delivered,

by

SmoNG, J.

The facts in this case are, in very essential particulars, unlike those which appeared in The Camden and Amboy Railroad Company v. Baldauf, 4 Harris 67, and they call for the application of different principles. We have here no question relative to notice by common carriers, or its effect in limiting their common law liability. Nor need we inquire whether the defendants had power to contract for the carriage of the plaintiff and his luggage beyond the terminus of their railroad. Conceding that they had, the evidence is very satisfactory that…

2Cases cited2 opinions

  1. Beckman v. ShouseSupreme Court of Pennsylvania · 1835
  2. Bingham v. RogersSupreme Court of Pennsylvania · 1843

3Cited by4 opinions

  1. Jacobs v. Central RailroadSuperior Court of Pennsylvania · 1902
  2. Cisco & N. E. Ry. Co. v. ProctorCourt of Appeals of Texas · 1924
  3. Jacobs v. Central RailroadSupreme Court of Pennsylvania · 1904
  4. Cisco & N. E. Ry. Co. v. ProctorCourt of Appeals of Texas · 1924

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