Lyon v. Canadian Pacific Railway Co.

This action of contract or tort is to recover for loss sustained by the plaintiffs as a result of damage to a certain shipment of herring from Seattle to Boston. The writ is dated September 8,1926. At the trial in the Superior Court, held on February 2,1928, the case was submitted to a judge without a jury upon the bill of lading and an agreed statement of facts. The judge found for the defendant and reported the case to this court.

The plaintiffs brought suit against the Boston and Maine Railroad by a writ dated September, 1923, returnable to the Superior Court for Worcester County on October…