Fairchild v. Philadelphia, Wilmington & Baltimore R. R.

Citations

• 148 Pa. 527
• 24 A. 79
• 1892 Pa. LEXIS 1015

Syllabus

<p>Common carrier — Connecting carriers — Limitation of liability — Lex loci Contractus.</p> <p>While it is well settled that a limitation in a bill of lading does not relieve the carrier from liability for his own negligence, it is equally well settled that a common carrier may limit his liability by special contract.</p> <p>A written contract for carriage of property is to be interpreted according to the law of the place in which the contract was made.</p> <p>Where a railroad company issues a through bill of lading, in which its liability is limited to an agreed valuation, and which contains a clause declaring that this carrier’s responsibility is to cease upon delivery in good order at its terminus in the direction of destination to a connecting carrier, and an accident results while the property is in the hands of the connecting carrier, the limitation of liability applies in favor of the carrier in whose control the property is injured.</p>