Caldwell v. United States Express Co.

Citations

• 36 Pa. Super. 465
• 1908 Pa. Super. LEXIS 191

Syllabus

<p>Evidence — Striking out of testimony — Discretion of trial fudge — Trial— Practice, C. P.</p> <p>Where one of several plaintiffs testifies without objection and without cross-examination, and the plaintiffs rest their case, the appellate court will not review the discretion of the trial judge in refusing subsequently to strike out the testimony, because it was based on the record of the firm not made by the witness personally.</p> <p>Carriers — Common carriers — Declaration as to value — Disguise of package — Fraud.</p> <p>In an action against a carrier to recover for loss of a package of jewelry, where there is no evidence of any attempt to disguise the package, and the evidence is conflicting as to whether the shipper at the instigation of the owner did or did not refuse to inform the carrier of the contents of the package, or value of the same, although requested to do so, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained.</p> <p>A shipper is not obliged as a condition precedent to his right to recover, to volunteer information as to the contents or value of a package, if no inquiry is made.</p>