3 Pa. 451 | Pa. | 1846
The principle- of necessity which alone enables a party, under certain circumstances, to prove the contents
There is no weight in the objection, that the plaintiff failed to prove payment of the stage-hire. Express proof, which in many cases would be difficult, in some impossible, is not required. That it is paid, may be inferred without any violent implication; as we all know, this is seldom, if ever, neglected. But, if not paid, the passenger is liable for it, and this, of itself, will oblige the owner of a stage-coach to exercise ordinary diligence. In order to charge a person as a common carrier, it is not necessary that a specific sum should be agreed on for the hire, much less paid for, if agreed on; although not paid, he is entitled to a reasonable compensation. Hay on Bail. 327; Sieter, 505. That there was gross carelessness on the part of the driver, if not something worse, seems to be admitted. The cause of complaint by the owners of the coach is, therefore, not against the court and jury, but against their own servant.
Judgment affirmed.