Old Colony Railroad v. Wilder

This case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon an agreed statement of facts. The defendant ordered a car-load of tow of a third person in Ohio, at 1|- cents per pound “delivered in Lowell, Mass.” The consignor delivered the tow to a transportation company with which the plaintiff corporation is connected, to be carried to Lowell, directed to the defendant, and marked, “ Collect freight charges at other end.” The plaintiff carried the tow to Lowell, and delivered it to the defendant, who used it in his business. It is…