61 Pa. 81 | Pa. | 1869
The opinion of the court was delivered, February 25th 1869, by
The contract of the plaintiffs with the Pennsylvania Railroad Company, was to carry the barrels of oil received at Pittsburg to Philadelphia and there deliver them to Leech & Co., at the company’s freight station. If there was any undertaking implied from the fact that the ultimate destination of the goods appeared on the bill of lading to be Red Hook, and the freight was to be there received for the carriage over the whole route, it would be only an engagement to forward to that place. This is now the received doctrine in the American courts, as is ably shown by Judge Stroud in Jennison v. The Camden and Amboy Railroad Co., 4 Am. Law Reg. 234, who cites and comments on all the leading authorities. The limitations and stipula
The part of the bill of lading relied on as containing a stipulation relieving the defendants from liability, is the written memorandum subscribed in these words: “ This oil is carried only on open cars, and entirely at the owner’s risk from fire and leakage,
Judgment affirmed.