Vervaeke v. Adams Express Co.

Citations

• 230 Pa. 647
• 79 A. 764
• 1911 Pa. LEXIS 663

Syllabus

<p>Common carriers — Amendment—Cause of action — Statement of claim ■ — Negligence.</p> <p>1. Where in an action of trespass against a common carrier, the statement of claim charges negligence on the part of the defendant, and claims damages on account of such negligence upon the general, implied or common-law liability of the defendant as a common carrier, the court may, after a verdict for the defendant and upon the granting of a new trial, permit the plaintiff to amend his statement of claim so as to charge the negligence more in detail and recite and refer to a special contract under the terms of which the shipment was made, and conclude with a claim for damages on account of the alleged negligence.</p> <p>Carriers — Common carrier — -Limitation of liability — Interstate commerce.</p> <p>2. The Act of Congress of June 29, 1906, 34 Statutes at Large, 584, does not prevent the Pennsylvania courts from continuing to apply the rule that a common carrier cannot contract for exemption from his own negligence, or that of his servants, nor for a limited liability in case of loss from such negligence.</p>