Pennsylvania Railroad v. Kane & Elk Railroad

Citations

• 65 Pa. Super. 422
• 1917 Pa. Super. LEXIS 12

Syllabus

<p>Railroads — Contract as to cars — Interchange of traffic — Custom —.Evidence.</p> <p>Where a railroad company agrees in writing with another railroad company “to furnish all cars required for the interchange of traffic under the usual rules for such interchange,” and the first company subsequently sues the second company to recover for the loss of three cars which had been destroyed by fire on a private siding, where they had been placed by the second company, the plaintiff in such action may show that the “usual rules for such interchange” recognized by railroad companies were the rules of an association of which the defendant company was not a member, and that one of such rules was as follows: “Eor the mutual advantage of railway companies interested the settlement for a car owned or controlled by railway company when damaged or destroyed upon a private track, shall be assumed by the railway company delivering the car upon such track.”</p>