Camden & Amboy Railroad v. Baldauf
Supreme Court of Pennsylvania
Error to tbe District Court, Philadelphia. This was an action brought by Henry Baldauf against the Camden and Amboy Railroad and Transportation Company, as carriers of passengers and their baggage from New York to Philadelphia. The declaration contained three counts, charging the defendants below, 1. As carriers of passengers and their baggage. 2. As carriers of passengers and their luggage. 3. As bailees. The general issue was pleaded.
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Error to tbe District Court, Philadelphia. This was an action brought by Henry Baldauf against the Camden and Amboy Railroad and Transportation Company, as carriers of passengers and their baggage from New York to Philadelphia. The declaration contained three counts, charging the defendants below, 1. As carriers of passengers and their baggage. 2. As carriers of passengers and their luggage. 3. As bailees. The general issue was pleaded. The material facts appear in the special verdict. February 16, 1849, jury called, and found a special verdict as follows: That the defendants are carriers of…
1Opinion of the Court
The opinion of the court, by Rogers, J., was filed May 16.
Rogers, J.
The general rule, according to the well-settled principles of the common law, is, that a common carrier is an insurer against every thing but the act of' God or the public enemy. .In Pennsylvania, however, it is ruled, not without great reluctance, that his common law responsibility may be limited or abridged by *77the special terms of the acceptance of the goods. It is decided, it may be limited by a general notice that the baggage of a passenger is at the risk of the owner, provided the terms of the notice are clear and…
2Cases cited2 opinions
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Beckman v. ShouseSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Wright v. Adams Express Co.Superior Court of Pennsylvania · 1910
- Jacobs v. Central RailroadSuperior Court of Pennsylvania · 1902
- Caldwell v. United States Express Co.Superior Court of Pennsylvania · 1908
- Tamarin v. Pennsylvania Co.Superior Court of Pennsylvania · 1913