Long v. Pennsylvania R. R.

Citations

• 147 Pa. 343
• 23 A. 459
• 1892 Pa. LEXIS 848

Syllabus

<p>Common carrier — Baggage—-Act of God.</p> <p>It is a complete defence to an action against a common carrier for loss of baggage to show that the baggage was destroyed by a flood of such unprecedented character as could neither have been anticipated nor provided against, and which amounted to an act of God.</p> <p>Johnstown flood — Destruction of the Day Express.</p> <p>The destruction of the Day Express on May 81, 1889, at Conemaugh by the Johnstown flood was an act of God.</p> <p>Negligence — Presumption—Evidence.</p> <p>Where an accident by which baggage is lost, in the hands of a common carrier, is not due to the failure of any of the appliances of transportation, but to flood, amounting to an act of God, there is no presumption of negligence which will shift the burden of proof upon the carrier to show that he was not negligent.</p> <p>In such a ease where there is no evidence of want of care on the part of the employees of the common carrier, it is proper for the court to give binding instructions for the defendant.</p>