Merritt v. Lehigh Valley Railroad

Citations

• 49 Pa. Super. 219
• 1912 Pa. Super. LEXIS 313

Syllabus

<p>Railroads — Carriers—Baggage—Warehousemen.</p> <p>1. Where a traveling salesman checks on a mileage book two trunks containing samples belonging to his employer, without stating to the baggage agent the contents or ownership of the trunks, and leaves on the same train with the trunks, departing about six o’clock of a summer evening, and stops over at an intermediate station for the night, and the trunks arrive at their destination at seven o’clock that even- . ing, and not being called for, are placed in the baggage room where they are destroyed at three o’clock in the morning by fire which burned the station, the railroad company will not be liable for the loss because (1) its liability as a carrier ceased when the trunks were placed in the baggage room; (2) because it was not liable for merchandise carried as baggage, and (3) because it was not liable for the loss of property other than that of a passenger.</p> <p>2. In such a case the fact that the salesman paid a small amount for the excess weight of the trunks is immaterial.</p> <p>Practice, C. P. — Judgment n. o. v. — Failure to take exception — Act of April n, 1905, P. L:m.</p> <p>3. Where there is no exception to a judgment non obstante veredicto, and the only assignment of error is to the action of the court in that respect, the appeal may be quashed. The court is not required to grant an exception and place it in the record unless it is asked for by the losing party.</p>