Worthington v. Adams Express Co.

Citations

• 72 Pa. Super. 292
• 1919 Pa. Super. LEXIS 306

Syllabus

<p>Railways — Common earners — Express companies — Interstate commerce — Interstate shipments — Absence of bill of lading.</p> <p>An express company cannot defend against a claim for damages, resulting from the loss of a dog consigned to its care, on the ground that claim for said loss had not been filed within four months, or suit instituted within two years after delivery, as required in its bill of lading on file with the Interstate Commerce Commission, where at the time of delivery, no bill of lading was given to the plaintiffs’ agent, and no valuation was put upon the dog, or demanded by the representative of the defendant.</p> <p>Express companies — Negligence—Liability—Limitation of liability — Act of Congress, March I, 1915, TJ. 8. 8tat. 1918-1915, page 1196 (Cummins Amendment).</p> <p>The Act of Congress of March 4, 1915, U. S. Stat. 1913-15, 1196, —Cummins Amendment — amending the Interstate Commerce Commission Act providing that “Any such common carrier shall be liable to the lawful holder of such receipt or bill of lading or to any party entitled to recover thereon, whether such receipt or bill of lading has been issued or not, for the full actual loss to such property caused by it or by any such common carrier to which such property may be delivered......notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any tariff filed with the Interstate Commerce Commission, and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void,” fixes the liability of an express company in interstate shipments, for loss through negligence of goods committed to its care.</p> <p>Where an express company has received a consignment for transportation in its charge and no bill of lading was issued or demanded, and the consignment is lost through its negligence, the shipper can recover