Moore v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract or tort, for damages to the contents of the plaintiff’s trunk. Trial in the Superior Court, without a jury, before Sherman, J., who reported the case for the determination of this court, in substance as follows.
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Contract or tort, for damages to the contents of the plaintiff’s trunk. Trial in the Superior Court, without a jury, before Sherman, J., who reported the case for the determination of this court, in substance as follows. The plaintiff’s counsel, in opening, stated that on August 21, 1897, the plaintiff purchased at Charleston, Tennessee, of the Southern Railroad, a ticket to Boston, and at the same time delivered to the railroad company a trunk containing her wearing apparel and personal baggage, for which she received a check to Boston; that from Charleston to Boston the plaintiff travelled…
1Opinion of the CourtHolmes, J.
This is an action by a passenger to recover for damage to her luggage, suffered somewhere in the course of a *337passage from Charleston, Tennessee, to Boston. The passage was over six connecting railroads ; it does not appear where the damage was done, and the plaintiff seeks to recover upon a presumption that the accident happened upon the last road.
The so called presumption was started and justified as a true presumption of fact, that goods shown to have been delivered in good condition remain so until they are shown to be in bad condition, which happens only on their delivery. But it was much…
2Cases cited12 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
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3Cited by25 opinions
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Glassman v. Chicago, Rock Island & Pacific RailwaySupreme Court of Iowa · 1914
- Willett v. Southern Ry.Supreme Court of South Carolina · 1902
- Northern Industrial Chemical Co. v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1924
- Cote v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
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