Dulaney & Wharton v. Philadelphia & Reading Railway Co.

Citations

• 228 Pa. 180
• 77 A. 507
• 1910 Pa. LEXIS 450

Syllabus

<p>Carriers — Common carriers — Railroad—Agency for soliciting freight— Negligence of agent — Bill of lading.</p> <p>1. Where a number of connecting railroads enter into an arrangement by which they employ agents at different points to solicit freight, and one of such agents issues a bill of lading without the initial carrier ever having received the goods, and knowing that it was to accompany a draft on the consignees, and the latter pay the draft, but never receive the goods, the consignees may recover the amount which they paid on the draft from the terminal carrier, inasmuch as apart from the question of partnership, there was a joint liability on the part of all the railroad companies on whose behalf the bill of lading was issued.</p> <p>2. In such a case it is immaterial whether the bill of lading was negotiable or not.</p>