Perry v. Thompson
Massachusetts Supreme Judicial Court
Contract against-the proprietors of Hamden’s Express for the value of a case of blue cassimeres delivered to them by the plaintiffs at Boston for transportation to the plaintiffs’ consignees at New York. At the trial in the superior court, before Lord, J., these facts appeared : The defendants were common carriers of merchandise between Boston and New York, having offices, teams and servants in both cities for the collection and delivery of goods.
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Contract against-the proprietors of Hamden’s Express for the value of a case of blue cassimeres delivered to them by the plaintiffs at Boston for transportation to the plaintiffs’ consignees at New York. At the trial in the superior court, before Lord, J., these facts appeared : The defendants were common carriers of merchandise between Boston and New York, having offices, teams and servants in both cities for the collection and delivery of goods. The plaintiffs, on occasions prior to that in question, had intrusted them with goods for transportation; and, in some instances, the defendants…
1Opinion of the CourtBigelow, C. J.
The evidence was wholly insufficient to warrant a finding that the plaintiffs had assented to any limitations of the general liability of the defendants as common carriers. The settled rule of law in this Commonwealth is, that a notice by a carrier that he does not assume the responsibility which the law attaches to his calling, though brought home to the knowledge of the owner or consignor of goods delivered for transportation, does not operate to relieve the carrier from liability for their loss occasioned by causes other than the act of God or the public enemy. To have that effect it must…
2Cited by8 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Henry J. Perkins Co. v. American Express Co.Massachusetts Supreme Judicial Court · 1908
- Lefebure v. American Express CompanySupreme Court of Iowa · 1913
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