16 Pa. 67 | Pa. | 1851
The opinion of the court, by Rogers, J., was filed May 16.
The general rule, according to the well-settled principles of the common law, is, that a common carrier is an insurer against every thing but the act of' God or the public enemy. .In Pennsylvania, however, it is ruled, not without great reluctance, that his common law responsibility may be limited or abridged by
Although he may limit the extent of his liability, yet the authorities are uniform that to discharge the carrier from responsibility, it is necessary to show clearly that the person with whom he deals is fully informed of the terms and effect of the notice. The exemption goes on the ground of a contract express or implied. Angel on Carriers, sec. 247; 2 Green. Ev. sec. 216; Brookes v. Pickwick, 4 Bing. R. 218; Kerr v. Miller, 2 Starkie 53; Cole v. Goodwin, 19 Wend. 251; Hollister v. Nowlen, 19 Wend. 234.
The facts found by the jury negative the idea of such a notice as amounts to a special contract. The plaintiff was a German, wholly ignorant of the English language. It is therefore a case of a passenger uninformed of the terms and conditions of the notice appended to the ticket on which the defendants rely for protection. The case of Davis v. Willan, 2 Stark. R. 279, rules that a notice at the office, when the party who delivers the goods cannot read, does not change the liability of the carrier. That case is in principle identical with this. It, in truth, would be absurd to hold, under the circumstances, the company exempted from their common law responsibilities, on the foot of a special or express contract, when he was ignorant of the terms of the proposed agreement. Granting that tickets in any case, without more, may be considered as evidence of a special agreement, it is surely not exacting too much to require the carrier to have his tickets printed and his advertisements made in a language which the passenger can understand, or that he should be required to explain to him the nature and effect of the proposed agreement. Although it may be granted that in this State a carrier may limit his responsibility, yet this principle has been reluctantly recognised, and must be confined to cases of special contract express or at least implied. The knowledge of the plaintiff of the contents of the notice, is negatived by the verdict. It is substantially found the plaintiff had no notice that his goods were carried at his own risk. In the absence of all proof of notice, the plaintiff had a right to rely on the common law responsibility of the carrier. The jury find that the extra weight of the plaintiff’s baggage, including the trunk in which the specie was placed, was paid for by the plaintiff, and the agents of the company had charge of it.
Judgment affirmed.