Hoadley v. Northern Transportation Co.
Massachusetts Supreme Judicial Court
Tort for the conversion of a steam-engine delivered to the defendant for carriage under a bill of lading, containing an exception of losses by fire, and destroyed by fire at the place of the delivery to the carrier, while in his custody.
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Tort for the conversion of a steam-engine delivered to the defendant for carriage under a bill of lading, containing an exception of losses by fire, and destroyed by fire at the place of the delivery to the carrier, while in his custody. At the trial before Reverts, J., the jury found for the plaintiff, and in answer to questions put to them by the presiding judge stated that they found for the plaintiff upon the ground that he did not assent to the exception against losses by fire in the bill of lading, and also upon the ground that the defendant negligently omitted to forward the engine.…
1Opinion of the CourtColt, J.
The plaintiff seeks to recover in tort against the defendant as a common carrier for the loss of a steam-engine which it had undertaken to transport from Chicago, Illinois, and deliver to him at Lawrence in this state. The engine was destroyed at Chicago in the great fire of 1871, and one question at the trial was, whether by the terms of the contract of transportation the defendant was liable for this loss.
The plaintiff put in the bill of lading received by his agent at Chicago of the defendant at the time the property was delivered for transportation. It is in the usual form, and the terms…
2Cases cited7 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Le Roy v. BeardSupreme Court of the United States · 1850
- Downer v. ChesebroughSupreme Court of Connecticut · 1869
- Illinois Central Railroad v. FrankenbergIllinois Supreme Court · 1870
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3Cited by80 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
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- Jones v. GeorgeTexas Supreme Court · 1884
- James-Dickinson Farm Mortgage Co. v. HarrySupreme Court of the United States · 1927
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