Dungan, Hood & Co. v. Philadelphia & Reading Railway Co.

Citations

• 41 Pa. Super. 269
• 1909 Pa. Super. LEXIS 50

Syllabus

<p>Carriers — Common carriers — Railroad—Warehouse company — Principal and agent.</p> <p>1. In an action by a shipper against a railroad company to recover for goods lost, an agreement by a warehouse company which had acted as an agent of the shipper to procure the carriage to relieve the railroad company for loss occurring where goods were loaded by the warehouse company's employees, is inadmissible in evidence where there is no evidence of any authority in the warehouse company to make such a contract in relief of the railway company at the expense of the shipper.</p> <p>Practice, C. P. — Trial—Charge—Answers to points.</p> <p>2. A trial judge commits no error in declining a point without reading it to the jury, where he has sufficiently covered the matter of the point in his general charge.</p>