Short v. Delaware & Hudson Co.

Citations

• 41 Pa. Super. 141
• 1909 Pa. Super. LEXIS 25

Syllabus

<p>Carriers — Common carriers — Railroads—Authority of station agent— Perishable goods.</p> <p>1. Where it appears that a freight station agent of a railroad company has extensive powers to dispose of perishable goods which a consignee refused to accept, in such manner as he considers to the best advantage of the company, he may bind the company by an agreement with a consignee that if the latter will pay the freight due on carloads of strawberries in a damaged condition and take the berries and sell them at the best price he can get, the railroad company will pay any loss sustained by reason of the condition of the berries.</p> <p>2. The extent of the authority of an agent may depend sometimes on the nature of the agency, and may be extended or varied on the ground of implied authority, according to the pressure of the circumstances connected with the business with which he is intrusted. The emergency of an accident, or an unusual condition which requires prompt action, may invest the representative of the company highest in authority who is then present with power to do such things as are reasonable to meet the emergency.</p>