Brockway v. American Express Co.
Massachusetts Supreme Judicial Court
Contract, with a count in tort, for damage caused by the defendant’s negligence in the transportation of the plaintiff’s horses from Chicago to Boston. Trial in the Superior Court, before Sheldon, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts sufficiently appear in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant entered into a contract with the plaintiff to transport twenty-eight horses from Chicago to Boston. The plaintiff contends that the defendant was guilty of gross negligence in keeping the horses confined for a long time without food or drink, whereby they suffered greatly and were seriously injured. The defendant’s first contention is, that by the terms of the contract of carriage it was not to be liable for any injury or damage to the property, even if caused “from any fault, negligence, or carelessness, gross or otherwise,” of itself or its servants or agents.
The first…
2Cases cited13 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Chesapeake & Ohio Ry. Co. v. American Exchange BankSupreme Court of Virginia · 1896
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
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3Cited by13 opinions
- Mittenthal v. MascagniMassachusetts Supreme Judicial Court · 1903
- Willard v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Groot v. Oregon Short Line R.Utah Supreme Court · 1908
- Lewis v. Pennsylvania RailroadSupreme Court of New Jersey · 1903
- Wiley v. Grand Trunk Ry.District Court, W.D. New York · 1915
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