Legal Opinion

Wilson v. Pennsylvania Rd. Co.

Ohio Supreme Court

Decided June 14, 1939No. 27419PublishedCited by 7 opinions

1Opinion of the CourtWilliams, J.

The question presented here is: What constitutes a prima facie case on behalf of a plaintiff in an action against a terminal carrier for damages to a shipment of livestock unaccompanied by the owner or M's caretaker? If upon consideration of the evidence favorable- to plaintiff a prima facie case was made out, the motion of defendant for a directed verdict should have been overruled.

At common law a common carrier was an insurer of freight against all losses except those arising from an act of God, a public enemy, the inherent nature of the goods shipped, the conduct of the shipper, or certain…

2Cases cited5 opinions

  1. Boston & Maine Railroad v. PiperSupreme Court of the United States · 1918
  2. Chicago & Northwestern Railway Co. v. C. C. Whitnack Produce Co.Supreme Court of the United States · 1922
  3. Cincinnati, New Orleans & Texas Pacific Railway Co. v. VeatchCourt of Appeals of Kentucky · 1915
  4. Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1928
  5. Bateham v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1923

3Cited by7 opinions

  1. Grosjean v. Pennsylvania Rd. Co.Ohio Supreme Court · 1946
  2. Trees v. Pennsylvania Rd. Co.Ohio Court of Appeals · 1951
  3. Square D Co. v. Advance Freight, Ltd.Ohio Court of Appeals · 1988
  4. Atlanta, Birmingham & Coast Railroad v. PattersonCourt of Appeals of Georgia · 1946
  5. Franck v. Railway Express Agency, Inc.Ohio Supreme Court · 1953

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