Frank Bros. & Co. v. Central Railroad

Citations

• 9 Pa. Super. 129
• 1898 Pa. Super. LEXIS 131

Syllabus

<p>Common carrier — Limited liability — Burden of proof — Negligence as inducing cause.</p> <p>Where there is proof of the fact of the injury and the manner of its occurrence under circumstances which do not impute negligence to the defendant, there is no liability of a common carrier, whose contract was for a limited liability only, except upon proof of negligence as an inducing cause of the injury; and the burden of proof is upon the plaintiff.</p> <p>Goods, presumably the property of the consignee being uncalled for were stored by a carrier in its warehouse; they were there levied upon as the property of consignee and while subject to such levy part of them were stolen; the consignor subsequently demanded the goods upon proof of ownership. Held, that recovery was rightly limited to goods which the defendant company refused to deliver to the consignor on demand made after the theft.</p>