Opinion
December 11, 1946.
January 17, 1947.
Carriers — Transportation — Delay — Reasonableness — Damages.
In the absence of a special contract binding a common carrier to deliver within a specified time, the carrier is not liable for delay in transportation unless the delay is for an unreasonable period.
Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeal, No. 226, Oct. T., 1946, from judgment of C.P. No. 6, Phila. Co., March T., 1945, No. 2408, in case of Max Rosen, trading as M. Rosen Company v. Railway Express Agency, Inc. Judgment affirmed.
Assumpsit. Before BLUETT, J.
Compulsory nonsuit entered. Plaintiff appealed.
Ned Stein, for appellant.
James E. Riely, with him White Williams, for appellee.
Argued December 11, 1946.
At the trial of this case, all that plaintiff was able to prove was that a carload of cherries, shipped by express from Yakima, Washington, and consigned to plaintiff at Philadelphia, reached its destination one day later than the "schedule" of five days. The trial court granted defendant's motion for a compulsory non-suit, which the court en banc subsequently refused to take off.
In bringing this appeal, counsel for appellant states that he ". . . disagrees with the decisions rendered in these two cases [Catanzaro Sons, Inc., v. Southern Pacific Co., 90 Pa. Super. 578, opinion by Judge, now Mr. Justice, LINN; and American Fruit Growers, Inc., to use, v. Pacific Elec. Rwy. Co. et al., 11 Pa. D. C. 291, opinion by Judge, now Mr. Justice, STERN]" relied on by the court below.
Notwithstanding appellant's disagreement with the general rule of law applied in those cases, it is still the law in Pennsylvania and was properly applied by the court below in this case.
Judgment affirmed.