Weston v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by the owner of a public amusement enterprise, called the Galatea Exhibit, for alleged negligent delay in forwarding from Winchendon to Milford scenery and other theatrical property used by the plaintiff in his show business. Writ dated August 16, 1902. In the Superior Court the case was tried before FeCourcy, J. The character of the evidence as to notice to the defendant of the purpose for which the property was to be used is described in the opinion.
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Tort by the owner of a public amusement enterprise, called the Galatea Exhibit, for alleged negligent delay in forwarding from Winchendon to Milford scenery and other theatrical property used by the plaintiff in his show business. Writ dated August 16, 1902. In the Superior Court the case was tried before FeCourcy, J. The character of the evidence as to notice to the defendant of the purpose for which the property was to be used is described in the opinion. It was agreed by the parties that the money expended by the plaintiff in looking up his property amounted to $4, and the judge ordered…
1Opinion of the CourtLoring, J.
This case presents in different forms but one question, namely: To what damages is the owner of a theatrical exhibit entitled in case of a negligent delay in the transportation of his scenery and other theatrical properties by a carrier who had full knowledge that they were to be used in an exhibition previously widely advertised at the place of destination, and that the owner was under an expense of $300 or $400 a week in that connection.
*299The judge ruled that the plaintiff was limited to $4, “the actual money lost or expended in looking up his goods.”
The first ground on which the defendant…
2Cases cited7 opinions
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Mather v. American Express Co.Massachusetts Supreme Judicial Court · 1884
- Swift River Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1897
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3Cited by39 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
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- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- State v. StanleyAlaska Supreme Court · 1973
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