Blackburn v. Adams Express Co.

Citations

• 43 Pa. Super. 276
• 1910 Pa. Super. LEXIS 40

Syllabus

<p>Carriers — Common carriers — Railroads—Live stock — Presumption— Evidence — Limitation of liability — Act of congress of June 29, 1906, 84 Statutes at Large, 584-</p> <p>1. Where horses are shipped in good condition, but are delivered at their destination by the carrier inv-a damaged condition, and there is no proof as to what caused the injury, no presumption of negligence arises against the carrier from the mere injuries, as arises in the case of inanimate objects. The burden of proof is upon the owner to establish negligence on the part of the carrier; but this burden is met by evidence which would justify the jury in concluding that the condition of the horses was not reasonably accounted for in any other way than that the car'in which they were carried had been violently handled at the point of departure or some other place on the way.</p> <p>2. The act of congress of June 29, 1906, 34 Statutes at Large, 584, relating to interstate commerce in no way affects the Pennsylvania rule that a carrier cannot limit the amount of his liability for an injury caused by his own negligence.</p>