Leh v. Delaware, Lackawanna & Western Railroad

Citations

• 30 Pa. Super. 396
• 1906 Pa. Super. LEXIS 84

Syllabus

<p>Carriers — Common carriers — Carriers of live stock — Special contract— Pleadings — Evidence—Allegata and probata.</p> <p>Where a shipper contracts with the initial carrier for the transportation of a carload of horses at a special rate and subject to certain limitations as to the liability of the carrier, and this contract covers the transportation of the horses over all the intervening lines to the point of destination, and the shipper, after a loss sustained, brings an action against a connecting carrier to recover on the common-law liability of such carrier, and the existence of the special contract is made to appear in the development of the plaintiff’s case, the court commits no error in directing a compulsory nonsuit against the plaintiff. In such a case the allegata and probata do not accord, and the whole foundation of the action fails.</p>