P. Garvan, Inc. v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Contract or tort for the value of twenty bales of rags alleged to have been damaged by fire on May 23, 1908, when they were in the possession and control of the defendant as a common carrier at the defendant’s freight yard in that part of West Springfield called Mittineague. Writ dated November 18, 1909. In the Superior Court the case was tried before Grosly, J. The first count of the declaration, which was for an alleged conversion, was waived by the plaintiff at the trial.
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Contract or tort for the value of twenty bales of rags alleged to have been damaged by fire on May 23, 1908, when they were in the possession and control of the defendant as a common carrier at the defendant’s freight yard in that part of West Springfield called Mittineague. Writ dated November 18, 1909. In the Superior Court the case was tried before Grosly, J. The first count of the declaration, which was for an alleged conversion, was waived by the plaintiff at the trial. The second count was to recover the full value of the rags and alleged that the defendant negligently permitted them to…
1Opinion of the CourtBraley, J.
The till of lading by its terms regulated the entire transportation, and, not having been limited to the first carrier by whom the bales of rags were received and accepted with the through rate prepaid, the defendant as the succeeding and last carrier is entitled to the benefit of the exemptions found in the contract. Farmington Mercantile Co. v. Chicago, Burlington, & Quincy Railroad, 166 Mass. 154. Moore v. New York, New Haven, & Hartford Railroad, 173 Mass. 335. Adams Express Co. v. Harris, 120 Ind. 73. Etna Ins. Co. v. Wheeler, 49 N. Y. 616. Cote v. New York, New Haven, & Hartford…
2Cases cited28 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Fondi v. Boston Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1916
- Davis v. H. S. & M. W. Snyder, Inc.Massachusetts Supreme Judicial Court · 1925
- Jewett v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
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