Sager v. Portsmouth, S. & P. & E. Rail Road
Supreme Judicial Court of Maine
Assumpsit. The plaintiff’s horse was transported upon the defendants’ rail way from Boston to Portland, for which the plaintiff paid freight, $2,75. It was upon a cold day in November, 1848. The horse was carried in an open car, and suffered serious injury from the exposure to the cold. This action is brought to recover for that injury.
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Assumpsit. The plaintiff’s horse was transported upon the defendants’ rail way from Boston to Portland, for which the plaintiff paid freight, $2,75. It was upon a cold day in November, 1848. The horse was carried in an open car, and suffered serious injury from the exposure to the cold. This action is brought to recover for that injury. A witness for the plaintiff testified, that he took the horse to the depot in East Boston, and requested one of the defendants’ servants there to have the horse carried in a close car. He did not know the name of the servant, nor whether he had any charge in…
1Opinion of the CourtShepuev, C. J.
It cannot be useful to notice orto attempt to reconcile the very numerous opinions and decisions respecting the responsibility of common carriers for tbc loss of property entrusted to them for conveyance. Most of the cases were collected or referred to in the opinion of Mr. Justice Cowen, in the case of Cole v. Goodwin, 19 Wend. 251
*234It will be sufficient to state the law established by the progressive and decisive weight of authority.
By the common law they were liable for all losses not occasioned by the act of God or the public enemy. They could not refuse to carry a package, and when its…
2Cases cited3 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
3Cited by15 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
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