Wright v. Adams Express Co.

Citations

• 230 Pa. 635
• 79 A. 760
• 1911 Pa. LEXIS 662

Syllabus

<p>Carriers — Common carriers — Limitation of amount of liability — Interstate commerce — Act of Congress of June 29, 1906, 84 Statutes at Large, 684.</p> <p>1. The Pennsylvania rule that a common carrier cannot contract for exemption from or limitation of liability arising from his negligence or that of his servant, is applicable to commerce between Pennsylvania and other states, and the contrary rule permitting a limitation of liability applied by the federal courts is not binding upon the courts of this state in the absence of congressional action upon the subject.</p> <p>2. The Act of Congress of June 29, 1906, U4 (Statutes at Large, 584, requiring carriers to reduce the contract for transportation to writing, and enacting certain other rules for the regulation of interstate commerce, is not such congressional legislation as will require the courts of Pennsylvania to follow the rule laid down by the federal courts that a carrier may limit his liability to an agreed valuation in consideration of a lower rate for carriage.</p>