Boston & Maine Railroad v. Piper
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF VERMONT. The case is stated in the opinion. The words “unusual delay or detention of said live stock caused by the negligence of said carrier,” define a situation for which legal liability will exist. What follows is an agreement as to the basis of computing damages, once the liability has been fixed. Until the liability is determined the damage clause has no application. Its terms have no relation to a defense to liability.
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ERROR TO THE SUPREME COURT OP THE STATE OF VERMONT. The case is stated in the opinion. The words “unusual delay or detention of said live stock caused by the negligence of said carrier,” define a situation for which legal liability will exist. What follows is an agreement as to the basis of computing damages, once the liability has been fixed. Until the liability is determined the damage clause has no application. Its terms have no relation to a defense to liability. Nor is it in legal effect a stipulation against negligence. It is of course true that the substitution of any arbitrary measure…
1Opinion of the CourtJustice Day
This suit was brought by Piper against the Boston & .Maine Railroad to recover damages for loss occasioned by delay in delivering cattle as a result of the company’s negligence. The plaintiff recovered damages and the judgment was affirmed by the Supreme Court of Vermont. 90 Vermont, 176.
The plaintiff shipped the cattle upon paying the reduced rate for shipment thereof under the Uniform Livestock Agreement containing among other things, the following:
“The same has been received by said carrier for itself and on behalf of . connecting carriers, for transportation, subject to official tariffs,…
2Cases cited10 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
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3Cited by99 opinions
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- New York, New Haven & Hartford Railroad v. NothnagleSupreme Court of the United States · 1953
- Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921
- Southwestern Sugar & Molasses Co. v. River Terminals Corp.Supreme Court of the United States · 1959
- The Ansaldo San Giorgio I v. Rheinstrom Brothers Co.Supreme Court of the United States · 1935
94 more not listed; retrieve them via the Exa API.