Ridge v. Erie Railroad Co.

Citations

• 54 Pa. Super. 602
• 1913 Pa. Super. LEXIS 112

Syllabus

<p>Carriers — Common carriers — Live stock — Bill of lading — Negligence— Presumption — Limitation of liability — Interstate commerce.</p> <p>1. Where a horse is shipped under a special bill of lading whereby in consideration of a reduced rate of freight the railroad company is relieved from liability from loss or injury occasioned by “burning of hay or straw, or other material used for feeding or bedding or by fire from any cause whatever,” and the horse is killed as the result of a fire catching in the hay and straw in the ear in which the horse was shipped, no presumption of negligence arises against the railroad company from the mere fact of the occurrence of the fire, but the shipper in an action for the.loss of the horse is bound affirmatively to prove negligence on the part of the company.</p> <p>2. A provision in an interstate bill of lading fixing the amount of the liability of a carrier to the valuation stated in the bill of lading, is now binding upon Pennsylvania courts.</p>