Wright v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 150, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Pfiila. Co., Dec. T., 1909, No. 4,359, on verdict for plaintiff in case of Philip E. Wright v. Adams Express Company. Trespass to recover for the loss of a trunk. Before Willson, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 150, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Pfiila. Co., Dec. T., 1909, No. 4,359, on verdict for plaintiff in case of Philip E. Wright v. Adams Express Company. Trespass to recover for the loss of a trunk. Before Willson, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented, inter alia, these points: 2. If the classification duly filed with the Interstate Commerce Commission by the American Express Company and the Adams Express Company, and in force on August 17, 1909, provided that “ Merchandise rates are based on a value of…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff sues to recover the value of a trunk and its contents which he alleges were lost through the negligence of the defendant company, a common carrier. The first contention of the defendant is there is no sufficient evidence to warrant a finding that said trunk was ever delivered to it for transportation. Of course the burden was on the plaintiff to prove, by the fair weight of the evidence, this fundamental fact; but it does not follow it could be established only by the direct and positive evidence of eyewitnesses. If the conclusion that it was so delivered is…
2Cases cited2 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
3Cited by3 opinions
- Paramount Dress Co. v. Kirby & Kirby, Inc.Superior Court of Pennsylvania · 1950
- Hertz v. Adams Express Co.Superior Court of Pennsylvania · 1913
- Delaware, Lackawanna & Western R. R. v. Weir, Pennsylvania Court of Common Pleas, Susquehanna County1925