Augustine v. Baltimore & Ohio Railroad

Citations

• 55 Pa. Super. 126
• 1913 Pa. Super. LEXIS 328

Syllabus

<p>Carriers — Common carriers — Live stock — Negligence—Evidence—Presumption.</p> <p>Where horses and colts in good health and condition are placed in a car in a proper manner, and the car is in good condition and securely closed, and it appears that when the car reached its destination one of the horses had died on the way and its body had been removed, and the remaining stock showed external injuries, and the owner who met the stock upon its arrival was given no proper opportunity to examine the car, or see the body of the horse that died, it is error in an action against the company for injuries to the stock to enter a nonsuit. In such a case, in the absence of a special contract, the burden of proof is on the carrier to show that it was not negligent.</p>