Dodge v. Adams Express Co.

Citations

• 51 Pa. Super. 481
• 1912 Pa. Super. LEXIS 247

Syllabus

<p>Carriers — Limitation of liability — Amount—Negligence—Interstate Commerce Act.</p> <p>1. Where a shipper delivers goods to a carrier in Pennsylvania to be transported to another state, and the carrier, without asking the value of the goods, assesses the charges thereon on the minimum value set forth in the schedule filed by the carrier under the interstate commerce act, and the goods are subsequently lost by the negligence of the carrier, the latter will be liable for the full value of the goods, although the bill of lading limits the liability to the amount stated in the contract as the value of the goods.</p> <p>2. In such a case the plaintiff’s right of action is to be found in a negligent breach by the defendant of a duty imposed upon it by the law. This duty existed altogether apart from any question as to the amount of the oonsideration paid for the performance of the duty. That duty would neither increase nor diminish with the increase or decrease of the rate charged by the company, but would remain the same regardless of the acts of the parties in fixing the amount of the carrier’s compensation. If in this respect either or both of them did an act prohibited by the laws of the United States either or both may be indicted, convicted and punished therefor without in any way affecting the primary obligation of the defendant carrier to safely transport the shipper’s goods or respond in damages for their negligent loss.</p>