Hughes v. Pennsylvania Railroad

Citations

• 202 Pa. 222
• 51 A. 990
• 1902 Pa. LEXIS 498

Syllabus

<p>Common carriers — Limitation of liability — Conflict of laws — Contract.</p> <p>Where a contract containing a stipulation limiting liability for negligence on the part of a common carrier, is made in one state, but with a view to its performance, by transportation through or into one or more other 'states, it should be construed in accordance with the law of the state where its negligent breach causing injury occurs. If such a contract comes under construction in Pennsylvania and the injury has taken place within its limits, the contract is null and void.</p> <p>Where a contract made in New York for the transportation of a valuable horse to a point in Pennsylvania contains a stipulation that the initial carriers and any connecting carrier shall not be liable for an amount in excess of $100, the limitation although good in New York, cannot be sustained in favor of a connecting carrier in Pennsylvania upon whose line the horse was injured.</p> <p>In such a case an entry of judgment on a verdict for the full value of the horse is not in conflict with the interstate commerce act of congress.</p> <p>Mitchell and Brown, JJ., dissent.</p>