A. B. & J. Schaeffer v. Philadelphia & Reading Railroad

Citations

• 168 Pa. 209
• 31 A. 1088
• 1895 Pa. LEXIS 778

Syllabus

<p>Carriers of live stock — Negligence—Presumption—Evidence—Mules.</p> <p>Injury to the contents of a ear may furnish ground for an inference of want of ordinary care in transportation, although there may be no evidence of an injurious accident to the train, nor any direct evidence of improper or negligent handling of the car.</p> <p>This rule applies with proper limitations to live stock, but has no application in the case of injuries which are such as animals voluntarily inflict upon each other, or which cannot be accounted for, or which can be satisfactorily explained on any other ground than that of negligence in managing the train; nor does it apply in cases of death from natural causes, or causes entirely unknown.</p> <p>In an action to recover damages for injuries to mules shipped from Kentucky to Fleetwood, Pennsylvania, testimony was presented to show that the animals were in good condition and uninjured when they were received at Harrisburg; that the injuries were of recent occurrence, and not such as the animals would have inflicted upon each other, except involuntarily if they were thrown down and trampled or jammed together by a collision or rough handling of the cars. Witnesses who had been for years engaged in shipping mules, who knew their habits and disposition and the causes likely to lead to their injury while on board cars, and who saw the mules when they were unloaded, were allowed to express their opinion as to the cause of the injuries. Held that the evidence was properly admitted.</p> <p>Common carrier — Negligence—Limitation of liability — Question for jury.</p> <p>In an action to recover damages for injuries to live stock during transportation, the burden of proof as. to any limitation upon the common law liability of the carrier Í3 upon the defendant, and unless such limitation is admitted, or clearly established by proof, the question is necessarily for the jury.</p>