Robb v. American Railway Express Co.

Citations

• 78 Pa. Super. 1
• 1921 Pa. Super. LEXIS 328

Syllabus

<p>Carriers — Delivery of goods to carrier — Evidence—Sufficiency.</p> <p>In an action to recover damages from a common carrier for loss of certain property delivered to it for transportation, where the testimony is that the defendant company was accustomed to receive shipments through employees, whose only indicia of employment and authority were a distinctive cap and badge, evidence that a particular shipment was delivered to a man wearing such a cap and badge was sufficient to take the case to the jury on the question as to whether or not the goods in question had been delivered to the carrier.</p> <p>Carriers — Shipment of goods — Failure to deliver •— Eight of action — Consignor—Consignee—S.ales Act of 1915, P. L. 5^8 — Interstate shipments — Bill of lading — Act of Congress of February 1887, and its amendments.</p> <p>The seller who makes a contract for shipment of goods has a beneficial interest in them after they are shipped and may maintain an action against the carrier for loss or failure to deliver. This is true irrespective of the ownership of the goods as between the seller and buyer provided the carrier is relieved of double liability. The provisions of the Sales Act of 1915, P. L. 543, relating to the rights and liabilities of buyer and seller were not inserted for the benefit of the carrier of goods.</p> <p>As to shipments from Philadelphia to points in New Jersey the federal laws regulating interstate commerce are applicable and suit may be instituted against a carrier for loss, damage or injury caused by it by the lawful holder of the bill of lading.</p>