Nealand v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract, for the value of a trunk which was destroyed by fire while stored in the defendant’s railroad station at Newburyport. At the trial in the Superior Court, before Bond, J„ there was evidence tending to show that on the evening of March 2, 1892, the plaintiff, having paid his fare, took passage on one of the defendant’s trains from Boston to Newburyport, and that he carried with him on the same train as baggage, duly checked, a trunk containing personal effects only.
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Contract, for the value of a trunk which was destroyed by fire while stored in the defendant’s railroad station at Newburyport. At the trial in the Superior Court, before Bond, J„ there was evidence tending to show that on the evening of March 2, 1892, the plaintiff, having paid his fare, took passage on one of the defendant’s trains from Boston to Newburyport, and that he carried with him on the same train as baggage, duly checked, a trunk containing personal effects only. He arrived in Newburyport at about a quarter before eight in the evening, and proceeded to Amesbury, where he resided.…
1Opinion of the CourtField, C. J.
On the undisputed facts of this case, we think that the duty of the defendant was to take such reasonable care of the plaintiff’s trunk as warehousemen or bailees for hire are required to take. In those jurisdictions where it is held that the passenger has a reasonable time after his arrival at a station to call for and take away his baggage, and that during this time the carrier remains responsible for the safe keeping of baggage, according to the strict rule applicable to common carriers of passengers and baggage, it would be held, we think, that, as Newburyport was the end of the…
2Cases cited12 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
- Ouimit v. HenshawSupreme Court of Vermont · 1863
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3Cited by2 opinions
- Paine Furniture Co. v. Acme Transfer & Storage Co.Massachusetts Supreme Judicial Court · 1935
- White v. DavisSupreme Court of Minnesota · 1922