Sargent v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort against the Boston & Lowell Railroad Corporation, and the Nashua & Lowell Railroad Corporation. Writ dated November 15, 1871. The first count of the plaintiff’s declaration alleged that the defendants before and at the times hereinafter mentioned were common carriers of goods and chattels for hire from Boston to Lowell, from Boston to Nashua, New Hampshire, from Boston to East Wilton, New Hampshire, from Lowell to Lawrence, and from Lowell to Salem; that said…
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Tort against the Boston & Lowell Railroad Corporation, and the Nashua & Lowell Railroad Corporation. Writ dated November 15, 1871. The first count of the plaintiff’s declaration alleged that the defendants before and at the times hereinafter mentioned were common carriers of goods and chattels for hire from Boston to Lowell, from Boston to Nashua, New Hampshire, from Boston to East Wilton, New Hampshire, from Lowell to Lawrence, and from Lowell to Salem; that said corporations owned, controlled, managed or operated all of said routes for the transportation of passengers, express matter and…
1Opinion of the CourtWells, J.
This action is founded upon the supposed obligation of the defendants, as common carriers, to provide facilities and accommodations to enable the plaintiff to transact his business as expressman over and upon the railroads of the defendants. For this purpose he requires that his merchandise and parcels shall be transported, not as freight under the general charge and control of the managers and servants of the railroads, but in their passenger trains and under the exclusive control and supervision of the plaintiff and his agents: who also require special accommodations and facilities in the…
2Cited by10 opinions
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Bates v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888
- Louisville, New Albany & Chicago Railway Co. v. KeeferIndiana Supreme Court · 1896
- State v. Central Vermont Railway Co.Supreme Court of Vermont · 1908
- Menacho v. WardU.S. Circuit Court for the District of Southern New York · 1886
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