Aigen v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, with a count in contract, for injury to two horses, which with three others were transported from Waterville, Maine, to Boston, over the roads of the Maine Central Railroad Company and of the defendant.
Read the full summary
Tort, with a count in contract, for injury to two horses, which with three others were transported from Waterville, Maine, to Boston, over the roads of the Maine Central Railroad Company and of the defendant. Trial in the Superior Court, before Allen, J., who allowed a bill of exceptions, in substance as follows: The Maine Central Railroad Company took pay for the transportation of the horses over the whole line, and gave the plaintiff a receipt and way-bill for the entire distance. There was evidence tending to show that four of the horses, including the two injured, were backed into the…
1Opinion of the CourtC. Allen, J.
1. The first ground of exception is to the exclusion of the contract between the defendant and the Maine Central Railroad Company, and the refusal of the presiding judge to rule that the defendant would be liable if the horses were injured by the want of care of either of the two corporations, or upon either of their roads.
Whether the contract was introduced in evidence or not, the defendant corporation would be liable for any loss or injury occurring through its own negligence. The English doctrine,that, where there is one contract for carriage over several connecting roads, the first…
2Cases cited4 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Williams v. GrealyMassachusetts Supreme Judicial Court · 1873
- Washburn & Moen Manufacturing Co. v. Providence & Worcester RailroadMassachusetts Supreme Judicial Court · 1873
3Cited by9 opinions
- Swift v. . Pacific Mail Steamship Co.New York Court of Appeals · 1887
- Blackstone v. Chelmsford Foundry Co.Massachusetts Supreme Judicial Court · 1898
- Wabash Railroad v. PriddyIndiana Supreme Court · 1913
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Block v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1885
4 more not listed; retrieve them via the Exa API.