Vuille v. Pennsylvania Railroad

Citations

• 42 Pa. Super. 567
• 1910 Pa. Super. LEXIS 379

Syllabus

<p>Carriers — Common carriers — Negligence—Presumption—Condition of goods — Evidence.</p> <p>1. A presumption of negligence arises which is sufficient to justify a recovery in cases where there is no other proof than of the delivery of the goods to the carrier in good condition and their arrival at the point of destination in a damaged condition.</p> <p>2. When goods are delivered to the first carrier in good order and are afterwards injured, the presumption in the absence of anything te the contrary is that they were injured by the last carrier.</p> <p>3. Where a terminal carrier is sued for damages to an automobile, and the evidence shows serious structural injuries to the machine, and the defendant offers evidence that when it received the machine it was covered with dust and had its rear lamp broken, but offers no evidence of the pecuniary amount of such damages, the defendant cannot complain that the court permitted the jury to consider the damaged condition of the machine when it came into defendant’s ■hands in fixing the amount of damages which the plaintiff was entitled to recover.</p>