Walsh v. Adams Express Co.

Citations

• 15 Pa. Super. 292
• 1900 Pa. Super. LEXIS 342

Syllabus

<p>Common carrier — Negligence—Express company — Failure to give correct address — Province of court.</p> <p>An express company is bound to use due and reasonable diligence in the care and delivery of an article entrusted to it; but where an affidavit alleges that owing to plaintiff’s negligence defendant was unable to deliver the package to the consignee at the address given by the plaintiffs, and the consignor failed to put his name or address on the package, and that in spite of diligent inquiry the defendant carrier was unable to discover who the consignor was, the court cannot declare as a matter of law that the failure promptly to notify him is negligence.</p>