Finn v. Western Railroad
Massachusetts Supreme Judicial Court
Contract against the defendant corporation, as a common carrier, for its failure to forward and deliver shingles to Joseph S. Clark, at Westfield.
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Contract against the defendant corporation, as a common carrier, for its failure to forward and deliver shingles to Joseph S. Clark, at Westfield. Writ dated June 28,1867. The declaration alleged the delivery to the defendant, its neglect to forward, and the destruction of the shingles while in its possession. - At the second trial in the Superior Court, before Putnam, J., after the decision reported in 102 Mass. 283, the plaintiff testified that May 9, 1861, he received at Clean, in the State of New York, a written order for a quantity of shingles, from J. S. Clark of Southampton,…
1Opinion of the Court
Wells, J.*
The only question argued by the defendant, upon these exceptions, is whether the action for loss of the property can be maintained by and in behalf of Finn. It is contended that if there was a delivery, with proper directions for the transportation, so as to charge the defendant with responsibility as carrier, then the title in the property had passed to Clark, the consignee; and the right of action for injury to it was in him alone. On the other hand, if proper directions for its transportation had not been given, then the defendant is not liable at all aa *529carrier, according to the…
2Cases cited4 opinions
- Krulder v. . EllisonNew York Court of Appeals · 1871
- Green v. ClarkNew York Supreme Court · 1848
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1869
- Green v. ClarkNew York Supreme Court · 1852
3Cited by31 opinions
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Spence v. Norfolk & Western RailroadSupreme Court of Virginia · 1895
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Central Railroad v. MacCartneySupreme Court of New Jersey · 1902
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
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