Spofford v. Pennsylvania Railroad

Citations

• 11 Pa. Super. 97
• 1899 Pa. Super. LEXIS 111

Syllabus

<p>Common carrier — Liability—Essentials of delivery.</p> <p>It is essential to the establishment of liability as a common carrier for the loss of goods to show delivery to the carrier at a customary place, during the usual business hours and to an authorized agent.</p> <p>Warehotiseman's liability — Affirmative proof of negligence.</p> <p>A delivery to a railroad warehouse about dark and after it was closed and locked for the night, by plaintiff’s agent by opening the upper door and thereby putting the goods in, there being no one in charge, does not show such delivery as-will charge defendants as a common carrier nor as a warehouseman without affirmative proof of some act of negligence on the part of defendant.</p>