Beers v. Boston & Albany Railroad
Supreme Court of Connecticut
Action to recover damages for two tranks alleged to have been delivered to the defendant as a common carrier and to have been lost through its negligence; brought to the Superior Court in New Haven County and tried to the Court, Sail, J., upon defendant’s demurrer to the plaintiffs’ reply; the court sustained the demurrer and rendered judgment for the defendant, and the plaintiffs appealed for alleged errors in the rulings of the court. The complaint contained two counts.
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Action to recover damages for two tranks alleged to have been delivered to the defendant as a common carrier and to have been lost through its negligence; brought to the Superior Court in New Haven County and tried to the Court, Sail, J., upon defendant’s demurrer to the plaintiffs’ reply; the court sustained the demurrer and rendered judgment for the defendant, and the plaintiffs appealed for alleged errors in the rulings of the court. The complaint contained two counts. The first alleged (1) that the defendant was a common carrier between Albany and Springfield ; (2) that pursuant to a…
1Opinion of the CourtBaldwin, J.
If the defendant came under any obligation to make good the plaintiffs’ loss, it must have been either by virtue of some contract between them, or of actionable negligence.
No such contract is alleged, unless one can be implied from the reception by the defendant, at Albany, of their luggage, so checked as to indicate that it was to be transported over its railroad to Springfield. It is not averred that the person from whom they obtained the checks was an agent of the defendant, or had any authority to act or speak in its behalf; nor even that he was an agent of the Delaware & Hudson Canal…
2Cases cited3 opinions
- Pitkin v. New York & New England RailroadSupreme Court of Connecticut · 1894
- Dunlap v. International Steamboat Co.Massachusetts Supreme Judicial Court · 1867
- Gardner v. New Haven & Northampton Co.Supreme Court of Connecticut · 1883
3Cited by14 opinions
- Bordonaro v. SenkSupreme Court of Connecticut · 1929
- Dean v. HershowitzSupreme Court of Connecticut · 1935
- Schleicher v. SchleicherSupreme Court of Connecticut · 1935
- Menzie v. KalmonowitzSupreme Court of Connecticut · 1928
- National Broadcasting Co. v. RoseSupreme Court of Connecticut · 1965
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