Morrison v. Davis & Co.
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by Jamos Morrison v. James M. Dávis & John McEadden, partners, under the name of Davis & Co., and owners of the “Reliance Portable Boat Line,” to recover damages for the loss of merchandise shipped in Philadelphia to be delivered in Pittsburgh.
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Error to the District Court of Allegheny county. This was an action of assumpsit by Jamos Morrison v. James M. Dávis & John McEadden, partners, under the name of Davis & Co., and owners of the “Reliance Portable Boat Line,” to recover damages for the loss of merchandise shipped in Philadelphia to be delivered in Pittsburgh. The declaration contained five counts, 1. Charging the defendants as common carriers in the usual form. 2. Charging them as common carriers, and averring that they undertook and promised to take care of and safely and securely carry and convey the goods, &c., and deliver…
1Opinion of the Court
The opinion of the Court, was delivered by
Lowrie, J.
This is an action of assumpsit, and the declaration contains several counts, the two first charging the defendants as common carriers, and the others charging them on a special contract, substantially'amounting to an agreement to carry safely and to insure them against all risks.
On the first two counts the evidence offered was admitted, and it appeared, among other things, that the defendants’ canal-boat, in which the goods were carried, was wrecked below Piper’s dam, by reason of the extraordinary flood in the Juniata division of the…
2Cases cited2 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Parsons v. HardyNew York Supreme Court · 1835
3Cited by30 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Rugart v. Keebler-Weyl Baking Co.Supreme Court of Pennsylvania · 1923
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- The IndrapuraDistrict Court, D. Oregon · 1909
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
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