Blakiston v. Davies, Turner & Co.

Citations

• 42 Pa. Super. 390
• 1910 Pa. Super. LEXIS 339

Syllabus

<p>Sale — Delivery—Intention—Carriers—Case for jury — Forwarders— Pleading — Allegata and probata.</p> <p>1. If it apjrears from a contract of sale that delivery is to take place at a distant place and that the title is to remain in the consignor until that place is reached, delivery to the carrier does not divest title of the vendor in the property, nor pass it to the purchaser until it reaches its destination, and the hazards of transportation are at the risk of the consignor. If in such a case the facts as to where the property is to be delivered are not in dispute, the question as to when the title passes is for the court, but if the evidence is conflicting or if a different inference may be drawn from the undisputed facts, the question is one for the jury. If the title does not pass until delivery at the destination, and the goods are lost in transport, the consignor may sue the carrier in his own name.</p> <p>2. Where a statement of claim alleges that the defendant is a common carrier, the defendant cannot relieve himself from liability, if it is in fact a common carrier, by inserting in its bill of lading a clause to the effect that it shall be held liable only as a forwarder.</p> <p>3. To constitute a common carrier it is not essential that the person or corporation undertaking such service own the means of transportation.</p> <p>4. Where a company claiming to be a forwarding company onty accepts goods to be delivered in a distant country and has the goods hauled by its hired truckman to a railroad, and the goods are to be delivered to the company’s delivery agents in the place of destination to be delivered finally to the consignee, and the goods are-not delivered according to the contract, there is sufficient evidence to show that the company was in fact a common carrier, and if it is so described in the statement of claim there is no fatal variance between the allegata and probata.</p>