Dobransky v. Adams Express Co.

Citations

• 76 Pa. Super. 284
• 1921 Pa. Super. LEXIS 136

Syllabus

<p>Common carriers — Express companies — Goods lost — Shipping receipts — Claim in writing — Time for presentment.</p> <p>When rights accruing under an act of Congress arise out of and are dependent upon certain facts, those facts must be pleaded in some form before the rights growing out of them can be considered or passed upon, unless the plaintiff in making out his own case proves his noncompliance with the provisions of the statute.</p> <p>Where the failure to present a claim for articles lost while in the custody of an express company within the time limit provided in the bill of lading, as approved by the Interstate Commerce Commission, is relied upon as a defense, it must be set forth specifically in the pleadings. In default of such averment in the affidavit of defense, the issue is not raised and cannot be brought up at the trial of the case. . •</p> <p>In presenting a claim to a common carrier, for goods lost or injured in transit, it is not necessary that the claim should be in any special form, nor need it state the amount of damages demanded.</p>