Maiorano v. American Railway Express Co.

Opinion by

Trexler, J.,

Michael Maiorano, plaintiff, residing in Pittsburgh, purchased ninety-six live canaries from A. W. Bobinson, of San Francisco, the birds being sent from the latter place to Pittsburgh through the American Express Company, the defendant. Plaintiff in his statement alleges that the birds were alive and well when given to the carrier at San Francisco but when they were delivered to the plaintiff twenty-four of the birds were dead and in five days all but six had died. No' negligence is alleged. The claim is based solely on the contract of carriage. In short the carrier…