Beaumont v. Philadelphia & Reading Railway Co.

Citations

• 38 Pa. Super. 224
• 1909 Pa. Super. LEXIS 117

Syllabus

<p>Carriers — Common carriers — Railroads—Unloading freight.</p> <p>1. It is ordinarily the duty of the carrier to unload the freight and deposit it in a suitable place at which the consignee may receive it; but there is an exception to this rule in the case of bulky freight as to which in the case of shipment by cars the carrier is not required to remove it from the car, but discharges its obligation by delivering the car in a safe and convenient position for unloading at the place designated by the contract, or, in the absence of such designation, on its side track in the usual and customary place for unloading by consignees.</p> <p>2. Where a railroad company places on a side track conveniently located for the removal of freight, a car containing four segmental castings each weighing about two and one-half tons and notified the consignee, the railroad company has done its full duty, and cannot be held liable for an injury to one of the castings while it is being unloaded by a teamster employed by the consignee, who has full charge and direction of the work.</p> <p>3. Where an owner or consignee accepts freight in a car, and undertakes to unload it, he is responsible for any injury incurred during the progress of the unloading.</p>