caused by the carriers or by the warehousemen.
Because plaintiff did not submit evidence to show which of the several bailees caused the damage, the defendants contend that the case should be dismissed. We disagree.
In our opinion, proof of delivery of the carton-packed refrigerators in good condition to the carrier in Erie and the discovery of the damaged refrigerators in the possession of the warehousemen in Pittsburgh would make out a prima facie case for plaintiff on which it is entitled to go to the jury. The burden of going forward with the evidence to account for the damage is thus cast upon the defendant bailees.
No Pennsylvania case exactly in point has been brought to our attention, but our conclusion seems to be in accord with the principles set forth in Arabian American Oil Co. v. Kirby & Kirby, Inc., 1952, 171 Pa.Super. 23, 90 A.2d 410; Jackson Co., Inc., v. Pennsylvania Railroad Co., 1934, 112 Pa.Super. 535, 172 A. 20; Ensign v. Union Transfer Co., 1926, 88 Pa.Super. 26; Wray, Moore & Co. v. American Railway Express Co., 1921, 75 Pa.Super. 425; Vuille v. Pennsylvania Railroad Co., 1910, 42 Pa.Super. 567.
The defendant warehousemen also contend they are entitled to summary judgment or dismissal because all the carriers were not made defendants in the suit. In all but the first Pennsylvania case cited above, there were two or more transporting carriers involved, and judgment was upheld against the last carrier which was alone sued. All the defendants here, as in Arabian American Oil Co. v. Kirby & Kirby, Inc., supra,
will be given the opportunity to exculpate themselves or account for the damage.
The defendants should now comply with the Order Fixing Pretrial Procedure and on or before April 4, 1958, disclose what evidence they propose to introduce at trial in accordance with Paragraph 5, collaborate with plaintiff in the preparation of a pretrial order pursuant to Paragraph 9, which should include the matters agreed upon at the conference, and all parties comply with Paragraph 7.
An order denying the motions will be entered.