Shoemaker v. Adams Express Co.

Citations

• 51 Pa. Super. 284
• 1912 Pa. Super. LEXIS 215

Syllabus

<p>Carriers — Express company — Contract—Negligence—Presumption— Order of proof — Evidence—Discretion of court.</p> <p>1. In an action against a common carrier to recover damages for injuries to a horse where the plaintiff proves the delivery of the horse to the carrier, and its injury, and the defendant offers in evidence a special contract limiting liability, except for its own negligence, and follows this by proof to rebut the presumption of negligence, the trial judge cannot be convicted of abuse of discretion by permitting the plaintiff to introduce evidence to show that the defendant was negligent in the care of the horse.</p> <p>Carriers — Notice of claim — Waiver—Evidence.</p> <p>2. Where a shipping contract provides that the carrier shall not be liable for loss or damage, unless the shipper shall give written notice of a claim therefor within thirty days, and it appears that the carrier's local and district agents had knowledge of the injury within a few horns after it occurred, and subsequently agreed to pay the claim if the carrier was not shown to be negligent, the carrier will be deemed to have waived formal notice in writing.</p> <p>3. In an action against' a carrier where the contract provides for notice of injury within thirty days of its happening, and the plaintiff alleges that he was not able to secure a copy of the contract on which the goods were shipped, and introduces a blank form of contract alleged to be the only form used by the company and showing that ninety days’ notice was required, the admission of such form is harmless error, where the court, in its charge, explicitly instructs the jury that if the plaintiff did not give notice of his claim within thirty days from the time of the loss, he could not recover unless the defendant had waived its right to insist on that stipulation.</p> <p>4. In an action against a carrier for injuries to a horse alleged to be caused by the negligent turning of steam into the car in which the horse was bei