Hughes v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 239, Jan. T., 1901, by-defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1900, No. 39, on verdict for plaintiff: in case of William Hughes and Benjamin F. A. Fleming, trading as Hughes & Fleming, v. Pennsylvania Railroad Company. Trespass for loss of a horse. Before Sulzberger, J. The opinion of the Supreme Court states the case.
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Appeal, No. 239, Jan. T., 1901, by-defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1900, No. 39, on verdict for plaintiff: in case of William Hughes and Benjamin F. A. Fleming, trading as Hughes & Fleming, v. Pennsylvania Railroad Company. Trespass for loss of a horse. Before Sulzberger, J. The opinion of the Supreme Court states the case. Defendant presented these points : That it was lawful in the state of New York for the carrier to limit its liability by a special contract for an injury resulting from its negligence; that said contract having been for a through consignment…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiffs in this case were the owners of a valuable horse, which was shipped by their agent from Albany, New York, to Cynwyd, Pennsylvania.
The contract for transportation was made in Albany, with the New York Central Railroad, acting for itself and connecting carriers. The bill of lading provided that “no carrier shall be liable for loss or damage not occurring on its own road, or its portion of the through route.” The horse was carried safely by the initial carrier to the end of its line, and delivered to the defendant company, by whom it was brought to…
2Cases cited9 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
- Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895
- Burnett v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
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3Cited by21 opinions
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- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Kaufman v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1934
- Louis Bittner v. Vera Mary Little and Harry LittleCourt of Appeals for the Third Circuit · 1959
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