Farmers Nursery Co. v. Cowan

Citations

• 21 Pa. Super. 192
• 1902 Pa. Super. LEXIS 336

Syllabus

<p>Railroads — Common carriers — Perishable goods — Delay.</p> <p>In an action against a railroad company to recover damages for the loss of perishable goods, a judgment for the plaintiff cannot be sustained where the evidence shows that the goods were packed so as to remain in good condition from two and one half to three and one half days from delivery to the initial carrier, that the initial carrier consumed about two and three quarters days in transporting the goods about fifty miles, and that the defendant company could not transport them in less than two or three days over the 350 additional miles to the point of destination.</p> <p>In such a case the plaintiff gains no advantage from any presumption that goods delivered to the initial carrier in good order remained so to destination, since the evidence showed that the goods shipped could, not have remained in good order beyond a limited time.</p>