Powell v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action on the case by John B. Powell against The Pennsylvania Railroad Company, as common carriers, for negligence, whereby a mare of the plaintiff, delivered to them at Pittsburgh to be carried to Philadelphia, was burned in the cars of the defendants. On the 13th November 1856, the defendants received from the plaintiff, at Pittsburgh, among other live stock, a young and valuable mare, to be carried to Philadelphia.
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Error to the District Court of Philadelphia. This was an action on the case by John B. Powell against The Pennsylvania Railroad Company, as common carriers, for negligence, whereby a mare of the plaintiff, delivered to them at Pittsburgh to be carried to Philadelphia, was burned in the cars of the defendants. On the 13th November 1856, the defendants received from the plaintiff, at Pittsburgh, among other live stock, a young and valuable mare, to be carried to Philadelphia. At the loading of the stock, the plaintiff inquired of the agent of the company, J. W. Boyle, whose office it was to…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
Whoever has been attentive to the course -of decision in this court for the last few years, on questions between railroad companies and those whom they have injured in person or property, cannot have failed to observe, that on the one hand we accept no excuse from the party who obstructs the track or' interferes with the transportation of the company, and on the other, that we hold companies bound to transport safely, or to respond in damages, except where the injury has resulted from the act of Grod, or the concurring negligence of the…
2Cited by8 opinions
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895
- Crary v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Wright v. Adams Express Co.Superior Court of Pennsylvania · 1910
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