Goodman v. Merchants' Despatch Transportation Co.

Citations

• 3 Pa. Super. 282
• 1897 Pa. Super. LEXIS 12

Syllabus

<p>Evidence — Shipping receipt — Bill of lading.</p> <p>When a shipping receipt provides that: “ The acceptance of this receipt for goods made subject to the provisions of the bill oE lading of this company makes this an agreement between the M. D. T. Co. and carriers engaged in transporting said goods and all parties interested in the property,” such a provision in the receipt entitled parties to have the bill of lading in evidence as part oE such agreement.</p> <p>Common carriers — Evidence—Bill of lading — Question for jury.</p> <p>A suit was brought by plaintiffs against a common carrier for alleged misdelivery of goods consigned to R. of Tyler, Texas, by delivering same lo M. at Dallas, Texas. Held, That it was error to direct a verdict for defendant, and that under the evidence it was for the jury to decide the facts as to the purchase by and delivery to M. What the contract was, whether the defendant was liable as common carrier or merely as forwarding merchant, and whether or not plaintiffs are estopped, by reason of delay in making their claim or by the acceptance of part of price of goods forwarded from the person who received them, were questions which will be properly raised under the contract, which, in view of the rejection of the bill of lading, was not fully in evidence and is not now a part of the record.</p> <p>Evidence — Beading parts of depositions — Rights of other party to balance.</p> <p>Where portions of depositions are read in evidence by plaintiff the remainder can be read by defendant as cross-examination. The time for the introduction of such parts of the depositions as were not used by the plaintiffs was within the discretion of the court.</p>