Grammes v. Central Railroad

Citations

• 269 Pa. 466
• 112 A. 532
• 1921 Pa. LEXIS 587

Syllabus

<p>Common carrier — Carrier—Bules and regulations — Loss of goods —Act of Congress March 4, 1915, 88 Stat. 11,96.</p> <p>1. A common carrier cannot complain of a shipper’s failure to comply with its rules and regulations, if such failure is due to the act of the carrier or its servants.</p> <p>2. Where articles shipped have been lost by reason of- the failure of the carrier to comply with its own rules, it and not the shipper must suffer the loss.</p> <p>3. Where some of the articles shipped are properly marked, as required by the rules and regulations of the carrier, and some are not, and all are lost in transit, the carrier will in any event be held liable for the loss of the packages which were properly marked.</p> <p>4. Where a carrier alleges some of the packages shipped have been lost in transit because not properly marked, the burden of proof is upon it to show which were not so marked.</p> <p>5. By the Act of Congress dated March 4, 1915, 38 Statutes at Large 1196, where a common carrier takes property in interstate commerce, and issues a through bill of lading therefor, it is liable to the shipper whether the loss occurs on its own line or on the line of a connecting carrier.</p>