Legal Opinion

Noyes v. Rutland & Burlington Railroad

Supreme Court of Vermont

Decided December 15, 1854PublishedCited by 19 opinions

Railroad companies. Common carriers. Inability of corporations. Assumpsit. In October, 1852, the defendants contracted with the plaintiffs to transport for them to the city of Troy, N. Y. from Burlington, Mallett’s Bay, Georgia, St. Albans Bay and Highgate, certain quantities of hay, which the plaintiffs had at those places, at certain specified rates per ton, varying with the localities at which the hay was to he received.

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Railroad companies. Common carriers. Inability of corporations. Assumpsit. In October, 1852, the defendants contracted with the plaintiffs to transport for them to the city of Troy, N. Y. from Burlington, Mallett’s Bay, Georgia, St. Albans Bay and Highgate, certain quantities of hay, which the plaintiffs had at those places, at certain specified rates per ton, varying with the localities at which the hay was to he received. The defendants agreed to transport the hay from the above mentioned places with reasonable despatch, and to send their barges for the hay to the points north of Burlington…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

It seems to be now well settled, that railroad companies, as common carriers may make valid contracts to carry beyond the limits of them own road, either by land or water, and thus become liable for the acts and neglects of other carriers, in no sense under them control. Muschamp v. L. & P. Junction R. Co., 8 M. & W. 421. Weed v. Saratoga & Schenectady R. Co., 19 Wendell, 534. Farmers & Mechanics Bank v. Champ. Trans. Co., 23 Vt. 186.

It has never been questioned that carriers, whether natural or artificial persons, might by usage or…

2Cases cited2 opinions

  1. Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
  2. Livingston v. LynchNew York Court of Chancery · 1820

3Cited by19 opinions

  1. McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
  2. Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
  3. Bank of Cal. v. W. Union Tel. Co.California Supreme Court · 1877
  4. Bank of Middlebury v. Rutland & Washington RailroadSupreme Court of Vermont · 1858
  5. Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1864

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