Allam v. Pennsylvania Railroad

Citations

• 183 Pa. 174
• 38 A. 709
• 1897 Pa. LEXIS 732

Syllabus

<p>Railroads — Common carriers — Modification of common-law liability— 174Contract — Public ¡policy— Custom.</p> <p>2400 As a general rule a common carrier must give to the consignee of goods, notice of their arrival at the point of destination.</p> <p>While a common carrier cannot stipulate for a release from the consequences of his own negligence or fraud, yet he can modify his liability as such so far as to provide that notice of the arrival of goods need not be given at small stations where no station house has been built and no freight agent located.</p> <p>A contract that at such stations the goods shall be at the “ risk ” of the owner until loaded into cars, and when unloaded therefrom is not against public policy and will be enforced.</p> <p>Where goods are carried under such a contract all responsibility for protecting the same after the goods reach their destination is assumed by the consignor.</p>