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· 10/14/1912

Franklin Trust Co. v. Philadelphia, Baltimore & Washington Railroad

Citations

  • 237 Pa. 519
  • 85 A. 855
  • 1912 Pa. LEXIS 959

Syllabus

<p>Negligence — Railroads—Bills of lading — Evidence—Province of court and jury.</p> <p>In an action against a railroad company to recover damages for alleged negligence in issuing, through its agent, shipping receipts or bills of lading for goods which were not actually delivered by the shipper to the railroad, binding instructions for defendant must be given, where the uncontradieted evidence shows that the hills of lading as made out, signed by the agent of the railroad and delivered to the shipper, did not include any goods which were not received by the railroad company, and that the bills of lading had been fraudulently altered by the shipper after he received them.</p>

Judges: Brown, Elkin, Mestrezat, Moschzisker, Potter

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