Marsh v. Union Pacific Railway Co.
U.S. Circuit Court for the District of Colorado
Ruling on Motion for New Trial.) In April last, at Zanesville, Ohio, plaintiff made a contract with the Pittsburg, Cincinnati and St. Louis Railway Company to convey for him a car-load of household goods from Zanesville to Denver, for the sum of $185, then paid to said company. The car was brought to St. Louis by that company, and from St. Louis to Kansas City by the Wabash, St. Louis and Pacific Railway Company, and from Kansas City to Denver by defendant.
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Ruling on Motion for New Trial.) In April last, at Zanesville, Ohio, plaintiff made a contract with the Pittsburg, Cincinnati and St. Louis Railway Company to convey for him a car-load of household goods from Zanesville to Denver, for the sum of $185, then paid to said company. The car was brought to St. Louis by that company, and from St. Louis to Kansas City by the Wabash, St. Louis and Pacific Railway Company, and from Kansas City to Denver by defendant. At Denver defendant demanded an additional sum of $15 freight money, claiming that its charge for conveying a car-load of such goods from…
1Opinion of the CourtHallett, J.
The lien of a carrier for freight money on the goods trans ported by him depends on the contract with the owner. Not that it is necessary that the lien should be mentioned in the contract, but there must be a contract for carriage oh which it may rest. In the ordinary course of business, goods delivered for carriage are subject to the condition implied by law that the carrier may retain possession of them until his reasonable charges shall be paid. In delivering them to be carried, the owners assent to that condition, although nothing may be said on the subject, and thus it becomes a part of…
2Cited by12 opinions
- Shaffer v. Honeywell, Inc.South Dakota Supreme Court · 1976
- Antonio DeSpirito v. Bristol County Water Co.Supreme Court of Rhode Island · 1967
- Cornelius v. CommissionerUnited States Tax Court · 1971
- Smith's Transfer & Storage Co. v. BatigneDistrict of Columbia Court of Appeals · 1943
- Crossan v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1889
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