Benson v. Gray
Massachusetts Supreme Judicial Court
Replevin of two horses. The case was submitted to the Superior Court, and, after “judgment for the defendant and order of return,” to this court, on appeal, on agreed facts, in substance as follows. The plaintiff was the owner of the horses in question; and they were taken by one Tisdale, his agent, to the freight station of the Old Colony Railroad Company in Boston, and were loaded by him in a car for shipment to the plaintiff, at New Bedford.
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Replevin of two horses. The case was submitted to the Superior Court, and, after “judgment for the defendant and order of return,” to this court, on appeal, on agreed facts, in substance as follows. The plaintiff was the owner of the horses in question; and they were taken by one Tisdale, his agent, to the freight station of the Old Colony Railroad Company in Boston, and were loaded by him in a car for shipment to the plaintiff, at New Bedford. The railroad company received them for that purpose, and gave a receipt for the horses to Tisdale. This receipt, which was signed on behalf of the…
1Opinion of the CourtAllen, J.
The transportation of the plaintiff’s horses was under, an express contract. This contract was prepared by the railroad company, and called “ Live Stock Receipt.” In it the company acknowledged the receipt of the two horses marked for the plaintiff at New Bedford, Mass., “ which the company promises to forward by its railroad, and deliver to or order, at its *394depot in , he or they first paying freight for the same. . . . N. B. If merchandise be not called for on its arrival, it will be stored at the risk and expense of the owner.” Then followed the rates for transporting different kinds of…
2Cases cited7 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- Hedden v. RobertsMassachusetts Supreme Judicial Court · 1883
- Emery v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 1935
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
- Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904
- Menage v. RosenthalMassachusetts Supreme Judicial Court · 1900
- Shute v. BillsMassachusetts Supreme Judicial Court · 1906
4 more not listed; retrieve them via the Exa API.