Trace v. Pennsylvania Railroad

Citations

• 26 Pa. Super. 466
• 1904 Pa. Super. LEXIS 334

Syllabus

<p>Railroads — Common carriers — Negligence—Degree of care — Presumption— Dive Stock.</p> <p>A common carrier is bound to employ safe and sufficient means of carriage, trustworthy and competent servants and, by himself or his agent, to exercise an intelligent supervision over the system of carriage which he employs. He is therefore to all intents and purposes an insurer against such perils of transportation as it is his duty to provide against; and these include all the perils of the journey except such as arise from the act of God or the public enemies.</p> <p>If for any reason an injurious accident happen to or by reason of that which the carrier provides for the transportation, the law which imposes the exercise of the utmost care upon him, presumes the accident to be due to the want' of that care and puts upon him the duty of successfully relieving himself from that presumption.</p> <p>If a railroad company employed in the transportation of live stock permits straw or other combustible material to be used on the cai’s and a fire originates therefrom by which the animals are injured, a presumption of negligence arises against the company, which it must rebut in order to relieve itself of liability for the loss. In such a case the company cannot by contract limit the liability to a sum less than the value of the animals as against its own negligence.</p>