Legal Opinion

Porter v. Ocean Steamship Co.

Massachusetts Supreme Judicial Court

Decided March 3, 1916PublishedCited by 5 opinions

Contract for the defendant’s alleged failure to deliver a box of clothing valued at $34.50, which was entrusted to the defendant at Boston for transportation and delivery to one Mary Williams of Munnerlyn in the State of Georgia.

Read the full summary

Contract for the defendant’s alleged failure to deliver a box of clothing valued at $34.50, which was entrusted to the defendant at Boston for transportation and delivery to one Mary Williams of Munnerlyn in the State of Georgia. Writ in the Municipal Court of the City of Boston dated January 25, 1912. On appeal to the Superior Court the case was tried before Hitchcock, J. At the close of the evidence, which is described in the opinion, the defendant asked the judge to make the following rulings: “1. Upon the pleadings and all the evidence in the case, the plaintiff is not entitled to…

1Opinion of the CourtBraley, J.

The plaintiff bases her cause of action upon a contract of shipment made in this Commonwealth, and, if the straight bill of lading issued by the defendant states the contract, the goods having been delivered in accordance with the shipping directions therein, the action cannot be maintained. Singer v. Merchants Despatch Transportation Co. 191 Mass. 449. Uniform bills of lading act, St. 1910, c. 214, §§ 4, 10.

*226The undisputed facts are, that when the expressman, engaged for this purpose by the plaintiff, delivered the box of clothing it was plainly and distinctly marked, “Mary Williams,…

2Cases cited6 opinions

  1. Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
  2. Samuel v. CheneyMassachusetts Supreme Judicial Court · 1883
  3. Union Freight Railroad v. WinkleyMassachusetts Supreme Judicial Court · 1893
  4. Singer v. Merchants Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1906
  5. Merchants' Despatch Transportation Co. v. FurthmannIllinois Supreme Court · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Quincy Trust Co. v. WoodburyMassachusetts Supreme Judicial Court · 1938
  2. Myers v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1923
  3. Williams-Richardson Co. v. New Orleans N.E.R. Co.Supreme Court of Louisiana · 1927
  4. Blount Seafood Corp. v. Arrow Transportation Co.Supreme Court of Rhode Island · 1956
  5. Healey v. First National Stores, Inc.Massachusetts District Court, Appellate Division · 1943

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API