Brown v. Grand Trunk Railway
Supreme Court of New Hampshire
Oase, by Francis L. Brown against The Grand Trunk Railway, to recover damages for the loss of twenty gallons from a barrel of kerosene oil, carried by the defendants for the plaintiff from Portland, Maine, to North Stratford, N. H.; also, for an injury to ten barrels (of a lot of fifty barrels) of flour, carried by the defendants for the plaintiff from Island Pond, Yt., to said North Stratford, by wetting, soaking, and impregnating it with kerosene oil.
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Oase, by Francis L. Brown against The Grand Trunk Railway, to recover damages for the loss of twenty gallons from a barrel of kerosene oil, carried by the defendants for the plaintiff from Portland, Maine, to North Stratford, N. H.; also, for an injury to ten barrels (of a lot of fifty barrels) of flour, carried by the defendants for the plaintiff from Island Pond, Yt., to said North Stratford, by wetting, soaking, and impregnating it with kerosene oil. Plea, the general issue. By consent of the parties, the case was tried by the court. The writ contains three counts : the first and second…
1Opinion of the CourtSargent, C. J.
We think this plaintiff would not be bound by the notice on the back of the shipping note and receipt in this case. The common-law liability of the defendants, as common carriers, could not be limited in that way, by such notice, if it were brought home to the knowledge of the plaintiff, — Moses v. Railroad, 24 N. H. 71, 88, S. C. 82 N. H. 523 — nor could the defendants’ common-law liability as ware-housemen or depositaries be limited in the same way, and, of course, not by a notice which was never brought to the plaintiff’s knowledge at all. The defendants would be liable, then, according to…
2Cited by1 opinion
- Hovey v. GrantSupreme Court of New Hampshire · 1875