Mayall v. Boston & Maine Railroad
Superior Court of New Hampshire
Case, for the loss of a package of bonnets, which, it is alleged, the defendants undertook to carry for the plaintiff, for hire, from Dover to Great Falls.
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Case, for the loss of a package of bonnets, which, it is alleged, the defendants undertook to carry for the plaintiff, for hire, from Dover to Great Falls. It appeared that the defendants were engaged in the business of transporting passengers and their baggage and merchandize generally, from Dover to Great Falls and elsewhere ; that they had at Dover a passenger depdt and a freight depSt, and a passenger train and a freight train running between Dover and Great Falls, and there was evidence tending to show that packages, not belonging to passengers, were carried by the passenger train from…
1Opinion of the CourtGilchrist, C. J.
The case finds that there was evidence tending to show that packages, not belonging to passengers, were carried by the passenger train from the passenger depdt, and that the bonnets in question were delivered by the plaintiff’s agent at the passenger depdt, at Dover, to the defendant’s baggage master, whose duty it was to take charge of all the baggage of passengers and of all merchandize to be transported by the trains, and that they were by him put upon the cars for Great Falls.
The instruction of the court is, in substance, that if the plaintiff employed her own individual agent to carry…
2Cases cited2 opinions
- Allen v. SewallNew York Supreme Court · 1829
- Sargent v. GileSuperior Court of New Hampshire · 1836
3Cited by1 opinion
- Murray v. WarnerSupreme Court of New Hampshire · 1875