Wilson v. Pennsylvania Rd. Co.
Ohio Supreme Court
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
- Boston & Maine Railroad v. PiperSupreme Court of the United States · 1918
- Chicago & Northwestern Railway Co. v. C. C. Whitnack Produce Co.Supreme Court of the United States · 1922
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. VeatchCourt of Appeals of Kentucky · 1915
- Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1928
- Bateham v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1923
3Cited by7 opinions
- Grosjean v. Pennsylvania Rd. Co.Ohio Supreme Court · 1946
- Trees v. Pennsylvania Rd. Co.Ohio Court of Appeals · 1951
- Square D Co. v. Advance Freight, Ltd.Ohio Court of Appeals · 1988
- Atlanta, Birmingham & Coast Railroad v. PattersonCourt of Appeals of Georgia · 1946
- Franck v. Railway Express Agency, Inc.Ohio Supreme Court · 1953
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