Wilson v. Adams Express Co.

Citations

• 72 Pa. Super. 384
• 1919 Pa. Super. LEXIS 321

Syllabus

<p>Practice, C. P. — Action of trespass — Affidavit of defense — Practice Act of 1915A Section IS.</p> <p>Under the provisions of Section 13 of the Practice Act of 1915, it is not necessary to file an affidavit of defense in an action of trespass. The first clause of the 13th section recites a number of facts, which the averments of the declaration may be considered to establish, if they are not denied by an affidavit. Any other defense may properly be heard at the trial of the action, even where no affidavit of defense is filed.</p> <p>Common earners — Express companies — Interstate Commerce-Uniform live stock contract — Limitation of liability — Amendment of Interstate Commerce Act — Act of Congress of August 9,1916— 89 Stat. at Large, p. -4-41.</p> <p>Tbe Act of Congress of August 9,1916, 39 Stat. at Large, p. 441, modifies tbe Cummins’s Amendment to tbe Interstate Commerce Law, which prohibited the limitation of liability for negligence, in a shipping contract. Since the passage of the Act of August 9, 1916, a carrier may limit its liability for negligence with regard to certain kinds of property, received for transportation, in which are included animals other than ordinary live stock. Baee horses come within the category of animals on which there can be a limitation of liability.</p> <p>In an action of trespass to recover the value of a shipment of horses, injured through the negligence of the carrier, the shipper cannot recover beyond the valuation, stipulated in the uniform live stock contract, where there is ample evidence to show that the horses were used for racing purposes and were not “ordinary live stock.”</p> <p>Common carriers — Uniform live stock contract — Construction.</p> <p>A limitation in a uniform live stock contract to liability of a certain amount fixes the maximum liability of the carrier, and where the injury resulting from the defendant’s negligence exceeded the amount of the limitation, the shipper can recover to the full amount stipulat