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· 12/10/1920

Coroneos Bros. v. Pennsylvania Railroad

Citations

  • 75 Pa. Super. 222
  • 1920 Pa. Super. LEXIS 254

Syllabus

<p>Carriers — Railroad—Unauthorized delivery of freight — Bill of lading — Proof of loss — Time limitation.</p> <p>In an action by a shipper against a railroad company for the unauthorized delivery of freight, it appeared that the bill of lading provided that all claims must be made within four months after delivery of the property, but in case of failure to make delivery then within four months after reasonable time for delivery had elapsed. An unauthorized delivery of the property was made by the warehousing company, with whom it was stored pursuant to a provision in the bill of lading, but no claim for loss was presented until nearly eight months after the arrival of the property at destination.</p> <p>Under such circumstances, the claim for the failure to deliver was not made in time, and judgment was properly entered in favor of the defendant.</p>

Judges: Henderson, Keller, Linn, Orladv, Porter, Trexler

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