A. J. Tower Co. v. Southern Pacific Co.
Massachusetts Supreme Judicial Court
Contract for alleged breach of an agreement in a bill of lading to transport twenty cases of oiled clothing from New York to Galveston, Texas, by a steamship of the defendant.
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Contract for alleged breach of an agreement in a bill of lading to transport twenty cases of oiled clothing from New York to Galveston, Texas, by a steamship of the defendant. Writ dated December 7, 1900. At the first trial in the Superior Court Maynard, J. ordered a verdict for the defendant, and exceptions alleged by the plaintiff were sustained by this court in a decision reported in 184 Mass. 472. At the new trial of the case before Bond, J. it appeared, as it had at the first trial, that the plaintiff’s goods were lost in a storm by reason of being carried on deck, and the defence was…
1Opinion of the CourtBraley, J.
The plaintiff having argued only the exceptions to a refusal to give the second request for instructions and to the exclusion of evidence, the remaining exceptions must be treated as waived.
On substantially similar evidence, when this case was first before us, it was decided, that there was testimony for the consideration of the jury, of a well defined, uniform and universal custom, to treat oiled clothing as inflammable, and when carried by water, because of its combustible character, to transport it on deck. It also was further held, that while knowledge of the custom by the plaintiff could…
2Cases cited2 opinions
- A. J. Tower Co. v. Southern Pacific Co.Massachusetts Supreme Judicial Court · 1904
- Providence Washington Insurance Co. v. AdlerCourt of Appeals of Maryland · 1886
3Cited by5 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Baccari v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
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- Roach v. LaneMassachusetts Supreme Judicial Court · 1917
- Globe Solvents Co. v. the CaliforniaCourt of Appeals for the Third Circuit · 1948