Boston & Maine Railroad v. Oceanic Steam Navigation Co.
Massachusetts Supreme Judicial Court
Contract to recover the sum of $514.88 for storage charges that accrued to the plaintiff on export freight arriving at Boston on various dates in 1911 and 1912 with interest from February 15, 1912, when payment thereof was demanded.
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Contract to recover the sum of $514.88 for storage charges that accrued to the plaintiff on export freight arriving at Boston on various dates in 1911 and 1912 with interest from February 15, 1912, when payment thereof was demanded. Writ dated March 23, 1914. The declaration was on an account annexed with items as follows: “To storage charges Hoosac Tunnel Docks Jan. 4 to Feb. 15, 1912, $494.93 To storage charges Boston Junction Jan. 4 to Feb. 15, 1912, 19.95 Total, $514.88” The defendant’s answer contained the following allegation: “ And further answering the defendant says that if it ever…
1Opinion of the CourtLoring, J.
The question presented in this case is the right of a railroad to recover storage charges of the same kind and caused by the same longshoremen’s strike as those before the court in New York Central & Hudson River Railroad v. Frederick Leyland & Co. Ltd. 222 Mass. 444. In that case the right to recover depended upon the authority of an agent to enter into an agreement on the part of the steamship company to pay storage charges in case it was decided by the interstate commerce commission that those charges were covered by the tariff filed by the railroad under the interstate commerce act. It…
2Cases cited4 opinions
- New York, New Haven, & Hartford Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1913
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- New York Central & Hudson River Railroad v. Frederick Leyland & Co.Massachusetts Supreme Judicial Court · 1916
- Kawcabany v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1908
3Cited by1 opinion
- Cotton Concentration Co. v. A. Lassberg & Co.Court of Appeals of Texas · 1970