Hooker v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by a passenger on a train of the defendant from Boston to Sunapee Lake Station in the State of New Hampshire on September 15, 1908, for loss of personal baggage, amounting to about $2,000 in value, checked for transportation on said train and destroyed by fire at said station while in the hands of the defendant as a common carrier. Writ dated October 13,1908. The answer, as amended, set up the defense of limitation of liability which is stated in the opinion.
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Tort by a passenger on a train of the defendant from Boston to Sunapee Lake Station in the State of New Hampshire on September 15, 1908, for loss of personal baggage, amounting to about $2,000 in value, checked for transportation on said train and destroyed by fire at said station while in the hands of the defendant as a common carrier. Writ dated October 13,1908. The answer, as amended, set up the defense of limitation of liability which is stated in the opinion. In the Superior Court the case was tried before Karris, J., without a jury. The facts material to the questions raised are stated…
1Opinion of the CourtRugg, J.
The plaintiff, an interstate passenger of the defendant, claims damages in excess of $2,000 for loss of her baggage occurring through the negligence of the defendant. The defense is that the liability of the defendant is limited to $100. The grounds upon which that defense is predicated are these: The defendant had complied with all the provisions of the statutes of the United States known as the interstate commerce act and the orders of the interstate commerce commission, and among other matters had filed and published schedules of rates, fares and charges, including those in force…
2Cases cited34 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
29 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Levangie's CaseMassachusetts Supreme Judicial Court · 1917
- New York, New Haven, & Hartford Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1913
- Brennan v. Ocean View Amusement Co.Massachusetts Supreme Judicial Court · 1935
- Kergald v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1953
- Kushner v. McGinnisMassachusetts Supreme Judicial Court · 1935
16 more not listed; retrieve them via the Exa API.