Sheppard v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Replevin of forty tons of coal under the circumstances described in the opinion. Writ in the District Court of East Norfolk dated November 14, 1913. On appeal to the Superior Court, the case was heard by Irwin, J., without a jury. There was no report of the evidence. Material facts found by the judge are stated in the opinion. The judge ■found for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtDe Courcy, J.
The plaintiff’s assignor, Weston H. Cushing, was engaged in the wood and coal business at East Weymouth. He had no private trackage facilities; the cars containing his freight were always put in places convenient for unloading in the freight yards of the defendant,- and he was then notified. On Friday of each week the defendant’s station agent by telephone notified Cushing of the charges against him for freight, and he was allowed until the following Monday in which to make payment. This “weekly credit” was not a part of the contract of shipment, but was an arrangement made for the…
2Cases cited6 opinions
- The Bird of ParadiseSupreme Court of the United States · 1867
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Bangs v. FarrMassachusetts Supreme Judicial Court · 1911
- New Haven & Northampton Co. v. CampbellMassachusetts Supreme Judicial Court · 1880
- Potts v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Piekos v. BachandMassachusetts Supreme Judicial Court · 1955
- In re R. Hal Compton Crude Oil Purchasing Co.District Court, E.D. Illinois · 1941
- Fitzgerald V. Cain's Lobster House, Inc.Massachusetts District Court, Appellate Division · 1955