Dooley v. New York Central & Hudson River Railroad

Citations

• 62 Pa. Super. 237
• 1916 Pa. Super. LEXIS 395

Syllabus

<p>Common carriers — Railroads—Passing of title to goods — Evidence — Form of action.</p> <p>In an action against a railroad company to recover damages for injuries to a soda fountain resulting from tbe negligent act of tbe defendant while the fountain was in its possession, a judgment on a verdict in favor of the consignor will be sustained, where the evidence for the plaintiff tends to show that the foum tain was sold to the consignee under an agreement that it was to be bought by the consignee only after it was put up in his store in good condition and ready for use.</p> <p>For negligence by a common carrier in transporting goods entrusted to it, the shipper may at his election bring either an action ex contractu or an action ex delicto.</p>