Eberbach v. Clyde Steamship Co.

Citations

• 74 Pa. Super. 79
• 1920 Pa. Super. LEXIS 97

Syllabus

<p>Commorú carriers — Delivery—Unauthorized delivery — Case for fury.</p> <p>In an action to recover tbe value of certain shipments, lost while in the custody of the carrier, a verdict for the plaintiff will be sustained, where the evidence established the fact that delivery of the shipment was made to an unauthorized person who afterwards stole the property.</p> <p>Practice, C. P. — Affidavits of defense — Averments of ignorance —Admissions.</p> <p>An averment of ignorance and demand for proof is not a denial within the meaning of the Practice Act of 1915. Where the statements of plaintiff are not denied, they must be taken to be admitted, and the mere averment of ignorance is not sufficient to traverse the statements of the plaintiff.</p>