Berney v. Pennsylvania Railroad

Citations

• 34 Pa. Super. 260
• 1907 Pa. Super. LEXIS 121

Syllabus

<p>Common carriers — Carriers—Railroads—Question of fact — Delivery of goods.</p> <p>In an action against a carrier to recover the value of goods alleged not to have been delivered, plaintiff’s witness testified that the plaintiff receipted for a consignment of goods, and received a delivery, but that on subsequent examination the particular package for which suit was brought, was not found among the goods delivered. Witnesses for the railroad company testified that the package had been delivered according to their records. Held, that the case was purely one of fact and for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>