Davenport Co. v. Pennsylvania Railroad

Citations

• 173 Pa. 398
• 34 A. 59
• 1896 Pa. LEXIS 717

Syllabus

<p>Common carriers — Bills of lading — Negligence—Exemption from liability,</p> <p>A bill of lading for perishable goods contained a clause exempting the carrier from “ loss or damage by causes beyond its reasonable control .... or by any of the causes incident to transportation, such as chafing, heating, freezing, leakage .... or any other reason not directly traceable to the negligence of” its servants. The goods were injured from the excessive heat of a close box car in which they were carried. There was evidence that at the time the goods were delivered to the carrier the shipper directed one of the carrier’s clerks to place them in a ventilated car, but there was no evidence that the defendant agreed to do this. The goods in question were less than a car load, and there was no evidence of a custom to carry such goods when less than a car load in ventilated cars. Held, that the carrier was not liable for the loss.</p>