Catanzaro v. Pennsylvania Railroad

Citations

• 230 Pa. 305
• 79 A. 624
• 1911 Pa. LEXIS 606

Syllabus

<p>Common carriers — Carriers—Railroads—Contracts for freight — Practice, C. P. — Nonsuit — Evidence — Admission of papers — Cross-examination.</p> <p>1. In an action against a railroad company to recover damages in connection with the carriage of freight, where the one question of fact was whether plaintiff’s contract for transportation was with the defendant company, or with the initial carrier, and where from the testimony offered by plaintiff a parol contract with the defendant could easily be derived, the action of the trial judge in granting a nonsuit constitutes reversible error, if the nonsuit is based upon the identification by plaintiff’s chief witness on cross-examination of certain shipping orders and shipping receipts relied upon as a defense, and admitted in evidence, under objection by plaintiff “as part of the witness’s cross-examination.”</p> <p>2. In such a case, the shipping orders and receipts constituted a defense essentially substantive in character, and could properly be introduced only after the defendant’s case had been opened to the jury; and even if they were then introduced the ease would still be for the jury if there were a question in the light of all the evidence, whether the shipping orders and receipts had superseded the oral contract which the plaintiff had offered testimony to prove.</p> <p>Carrier — Common carrier — Railroad companies — Initial carrier— Connecting carrier — Forwarder—Contract.</p> <p>3. If a railroad company having received frieght to be carried beyond its line, may make a connecting company its agent to carry to the place of final delivery, no reason is apparent why such company may not make a connecting company at the other end of its line, its agent to receive and deliver freight to it to be carried by it to its final destination. In such case the initial company becomes a forwarder only.</p> <p>Evidence — Admission — Interpreters — Foreigners — Conversation in presence of opposite party.</p> <p>4. In an actio