Barron v. Eldredge
Massachusetts Supreme Judicial Court
Contract, with a count in tort, to recover of the defendants who were mortgagee trustees in possession of the Ogdensburg Railroad, the value of flour and grain, the property of the plaintiffs: In one count, the plaintiffs declared against the defendants as common carriers, and, in another, against them as ware-housemen.
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Contract, with a count in tort, to recover of the defendants who were mortgagee trustees in possession of the Ogdensburg Railroad, the value of flour and grain, the property of the plaintiffs: In one count, the plaintiffs declared against the defendants as common carriers, and, in another, against them as ware-housemen. At the trial in this court, before Hoar, J., it appeared that the flour and grain were burned on July 28, 1864, while on the premises of the defendants at Ogdensburg, the flour being in sheds and the grain in an elevator; that the fire first broke out in the upper one of the…
1Opinion of the CourtColt, J.
The responsibility of a common carrier, for goods intrusted to him, commences when there has been a complete delivery for the purpose of immediate transportation. If, without putting them in transit, the carrier, for his own temporary convenience, places them in store, still the liability of a carrier attaches. The delivery must be for immediate transportation, and, of course, it cannot be complete if anything remains to be done by the shipper before the goods can be sent on their way. If by the usage and course of business, and especially if by express request, the shipment is delayed for…
2Cited by45 opinions
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Missouri Pacific Railway Co. v. McFaddenSupreme Court of the United States · 1894
- Dieterle v. BekinCalifornia Supreme Court · 1904
- Murray v. International Steamship Co.Massachusetts Supreme Judicial Court · 1898
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
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