Pennsylvania Railroad v. Fries
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: Of May Term 1878, No. 149. Case by Thomas Fries against the Pennsylvania Railroad Company, to recover the value of certain household goods, which were burned in the cars of the company "while in transit on its road.
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Error to the Court of Common Pleas of Blair county: Of May Term 1878, No. 149. Case by Thomas Fries against the Pennsylvania Railroad Company, to recover the value of certain household goods, which were burned in the cars of the company "while in transit on its road. When the goods were shipped, the plaintiff gave the company a release as follows: “That the said company shall be and hereby is fully released and discharged from all liability for loss, damage, delay, or otherwise whatsoever to said articles, and it is agreed that no claim or demand whatsoever, shall be made, under any…
1Opinion of the CourtJustice Paxson
The assignments of error in this case are so framed that their affirmance would have withdrawn the case from the jury. They were intended to have that effect. They all bear upon the question whether the company were guilty of such negligence as to make them responsible for the loss of plaintiff’s property. The defendants in their seventh point (sixth assignment), asked the court to instruct the jury that upon the whole evidence in the case the defendants were entitled to a verdict. The court declined the instruction prayed for and allowed the jury to pass upon the question of negligence. The…
2Cited by2 opinions
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