Hill v. Boston, Hoosac Tunnel, & Western Railroad
Massachusetts Supreme Judicial Court
Tort for negligence in the transportation of a cow. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of this court, in substance as follows : The defendant consented to be defaulted, and that judgment should be entered against it in the sum of $80. The plaintiff offered evidence tending to show that the defendant undertook to transport a cow belonging to him; that the animal was injured, during such transportation, by fire…
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Tort for negligence in the transportation of a cow. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of this court, in substance as follows : The defendant consented to be defaulted, and that judgment should be entered against it in the sum of $80. The plaintiff offered evidence tending to show that the defendant undertook to transport a cow belonging to him; that the animal was injured, during such transportation, by fire communicated by sparks from a locomotive, which, through the negligence of the defendant and its servants and agents, set fire…
1Opinion of the CourtC. Allen, J.
This case is substantially covered by the decision in the recent case of Graves v. Lake & Shore Michigan Southern Railroad, 187. Mass. 33. The plaintiff seeks to distinguish it on the ground that the shipping agreement in the present case in effect provides that the carriers shall not be liable *287,at all, except in case of a collision of trains, and in that case only for the valuation specified; that the attempted total exemption from liability is invalid, and therefore the only limitation of-liability is in respect to a loss from collision; and that there was no collision in this case. He…
2Cases cited1 opinion
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
3Cited by26 opinions
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
- Bernard v. Adams Express Co.Massachusetts Supreme Judicial Court · 1910
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Hooker v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
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