Isdaner v. Central Railroad Co. of New Jersey

Citations

• 65 Pa. Super. 156
• 1916 Pa. Super. LEXIS 34

Syllabus

<p>Carriers — Common carriers — Shipping receipt — Weight.</p> <p>In an action by a shipper against a railway- company to recover the value of three pieces of silk alleged to have been lost in transit, the plaintiffs cannot recover on evidence tending to show that twelve pieces of silk weighing 344 pounds packed in a box were delivered to their drayman; that the -drayman delivered the box on the same day at defendant’s wharf; that a shipping receipt made out'by the plaintiff’s clerk for 344 pounds was signed by defendant’s clerk before the box was weighed; that subsequently an agent of defendant weighed the box finding that it weighed 280 pounds; that the receipt contained the statement “weight subject to correction”; that the box when delivered showed no indication that it had been opened; that it contained only nine pieces of silk when delivered and weighed but 280 pounds; and that the dray-man was not called as a witness, his absence being accounted for by the plaintiffs, by stating that he had left their employment and could not be found.</p>