Legal Opinion

Barrett v. Rogers

Massachusetts Supreme Judicial Court

Decided March 15, 1811PublishedCited by 25 opinions

This was an action of the case against the defendant, master of the brigantine Governor Sumner. The declaration -alleges that the defendant, at Liverpool, received on board his vessel three cases of merchandise, in good order and well conditioned, to be by him transported to Boston, for a certain stipulated freight, all and every the dangers and accidents of the seas and of navigation excepted, and there to be delivered in like order to the plaintiffs or their assigns; and…

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This was an action of the case against the defendant, master of the brigantine Governor Sumner. The declaration -alleges that the defendant, at Liverpool, received on board his vessel three cases of merchandise, in good order and well conditioned, to be by him transported to Boston, for a certain stipulated freight, all and every the dangers and accidents of the seas and of navigation excepted, and there to be delivered in like order to the plaintiffs or their assigns; and the plaintiffs say that the defendant arrived safely at Boston with said vessel, yet that he did not deliver said…

1Opinion of the Court

The opinion of the Court (absente Parsons, C. J.) was after wards delivered by

Sedgwick, J.

No objection is made to the verdict of the jury; and the only question, presented by the report before us, or by the counsel for the plaintiffs, is upon the direction of the judge, that a bill of lading, in a case circumstanced as this is, acknowledging that the goods to be transported are in good order, is not conclusive evidence against the party executing it, and charged with their not being in good order, but damaged, at the time of their delivery, although he cannot show that the damage received is…

2Cited by25 opinions

  1. Creery v. HollyNew York Supreme Court · 1835
  2. Bates v. StantonThe Superior Court of New York City · 1852
  3. In Re the Estate of RandallIdaho Supreme Court · 1939
  4. Southern Express Co. v. CapertonSupreme Court of Alabama · 1870
  5. Ellis v. . WillardNew York Court of Appeals · 1854

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