Resnick & Cohen v. Firth

Citations

• 73 Pa. Super. 604
• 1920 Pa. Super. LEXIS 77

Syllabus

<p>Carriers — Loss of parcel — Failure, to deliver — Status of carrier —Case for jury.</p> <p>In an action for damages for loss of a parcel where the evidence was entirely oral, and the defendant claimed to be a forwarder only and not a common carrier, the case was for the jury to determine whether or not the package had been delivered to the defendant; whether or not he had undertaken to deliver the parcel at its destination, and if such questions were decided in favor of the plaintiff, the value of the goods which were lost. In such circumstances, it was competent for the defendant to produce evidence as to the exact relation in which he stood to the parties from whom be received the merchandise, and the exact nature of the business be was doing.</p>