Castellucci v. Lehigh Valley Railroad

Citations

• 40 Pa. Super. 24
• 1909 Pa. Super. LEXIS 559

Syllabus

<p>Carriers — Common carriers — Delivery of goods — Condition of goods— Evidence.</p> <p>1. When a shipper proves that goods had been delivered to the carrier in good condition and arrived at their destination in a damaged condition, such change in condition is evidence from which a jury may be permitted to infer that the injury arose from the negligence of the carrier, unless that change in condition is one which results from the operation of a natural law inherent in the property or is of a character not reasonably giving rise to a presumption of negligence on the part of the carrier. The owner in order to obtain the benefit of this presumption must, however, prove that the goods were in good condition when delivered to the carrier; for there is no presumption in the absence of evidence, that they were in such condition.</p> <p>2. In an action to recover damages for injuries to a marble monument, it appeared that the monument weighed 3,200 pounds and was inclosed in a heavy wooden case. It was imported, and was stored for two weeks in a warehouse. It was then hauled on a truck two or three miles over the streets of a city, and delivered to the carrier. The evidence showed that the injury was caused by permitting the monument to rest upon the face and not upon the back. The shipping receipt contained the following words: “ The property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown).” Plaintiff stated that on one side of the case were words indicating the manner in which the case should be carried. These words were not in the English language. The truckman who acted as the agent of the plaintiff testified that the case was removed from the truck without turning it over, and that the side upon which it had rested while on the truck remained down when it was placed in the car. Held, (1) that the evidence was not sufficient to show that the monument was in good condition when delivered to the carrier, a