Nemcof v. Baltimore & Ohio Railroad

Citations

• 39 Pa. Super. 542
• 1909 Pa. Super. LEXIS 528

Syllabus

<p>Carriers — Common carriers — Loss of goods — Evidence—Case for jury.</p> <p>1. In an action against a common carrier to recover for the loss of a parcel of goods, the case is for the jury, where the consignee, the single witness for the plaintiff, testifies that the parcel was not delivered to him, and that he gave the notice of nonarrival within thirty days as required by the bill of lading, and the defendant offers no testimony to contradict these averments.</p> <p>2. Where one of several carriers is sued for nondelivery of goods, he cannot relieve himself from liability without showing that he had safely delivered the goods to another suitable and proper carrier for transportation to destination. The burden is upon him to show that the goods were not lost while in his possession.</p>