Bair v. Adams Express Co.

Superior Court of Pennsylvania March 13, 1917

Bair v. Adams Express Co., 66 Pa. Super. 106 (1917)

1917 Pa. Super. LEXIS 203

Head, Henderson, Kephart, Portee, Qelady, Trexler, Williams

Opinion of the Court

Per Curiam,

The opinion of Judge Hassler in discharging the rule for a new trial, fully answers the questions raised by appellant. Whatever of conflict there may be between Trace v. R. R. Co., 26 Pa. Superior Ct. 466, and Ridge v. Erie R. R., 54 Pa. Superior Ct. 602, must be held to be settled by the latter case in favor of the conclusions therein reached.

The judgment is affirmed.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Gamers — Common carriers — Live stock — Bill of lading — Limitation of liability — Negligence—Presumption. Where .horses are shipped under a special bill of lading in -which the carrier is relieved from liability from loss, unless such loss shall have been caused by the negligence of the carrier or its agents, and the horses are killed as the result of a fire catching in the hay and straw in the car in which the horses w.ere shipped, no presumption of negligence arises against the carrier from the mere fact of the occurrence of the fire, but the shipper is bound affirmatively to prove negligence on the part of the carrier; and he does not do so by mere proof that the car in question was placed nest to the engine without showing that there was more danger there than elsewhere on the train, ,and that sparks of medium size were found in and around the ear.