Armstrong v. United States Express Co.

Citations

• 159 Pa. 640
• 28 A. 448
• 1894 Pa. LEXIS 912

Syllabus

<p>Oommon carriers — Live stock — Negligence—Release of liability — Erasures — Evidence</p> <p>A carrier of live stock cannot by special contract relieve himself from the consequences of his own negligence.</p> <p>In an action against a carrier to recover damages for the loss of a horse, it is proper to submit the case to the jury where there is evidence that the stall in the car in which the horse was being transported was negligently constructed, and that the injury happened in consequence thereof.</p> <p>In an action against a carrier, a release of liability is properly excluded, where erasures appear on the face of the release, and it appears that such erasures were made by the carrier’s agent, and there is no evidence that the paper was shown or read to the shipper after the erasures were made.</p>