Rhymer v. Delaware, Lackawanna & Western Railroad

Citations

• 27 Pa. Super. 345
• 1905 Pa. Super. LEXIS 64

Syllabus

<p>Common carriers — Carrier—Railroads—Negligence—Damages—Bills of lading.</p> <p>A clause of a bill of lading limiting the amount of the recovery to the value of the goods at the point of shipment is invalid as against a loss arising from the negligence of the carrier. In such a case the owner is entitled to recover, if anything, the value of the goods at the place of delivery.</p> <p>In an action to recover the value of a car of potatoes it appeared that the suit was brought against the first of a series of connecting carriers. The bill of lading issued by the defendant company acknowledged the receipt of the goods “in apparent good order.” The evidence showed that upon arrival at the end of the line of the defendant the end sill of the car in which the potatoes had been transported was found to be so broken that the connecting carrier declined to receive it. The potatoes were then loaded by the defendant into another car and were very much bruised, skinned and cut when delivered to the connecting carrier. There was evidence that the manner in which the potatoes were transferred from the broken car and the implements used in the work were not proper, and were likely to produce the very condition in which the property was found to be when it arrived at its final destination. The contract did not in express terms confine liability to injuries arising from negligence. It provided, however, that no carrier “shall be hable for any loss thereof, or damage thereto by causes beyond its control.” Held (1), that the evidence offered by the plaintiff as to the damaged condition of the potatoes at the end of defendant’s line, imposed the burden on the defendant to prove that it was not guilty of negligence, or to show that the injuries were caused by some cause beyond its control; (2) that the case was for the jury, and that a judgment and verdict for the plaintiff should be sustained.</p> <p>When inanimate property, of a character which is not by natural laws marked for earl