Clapp v. American Express Co.
Massachusetts Supreme Judicial Court
Contract or tort for damages resulting from a delay in transportation of horses from Cedar Rapids in the State of Iowa to Northampton in this Commonwealth.
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Contract or tort for damages resulting from a delay in transportation of horses from Cedar Rapids in the State of Iowa to Northampton in this Commonwealth. Writ dated June 29, 1918. In the Superior Court the action was tried before Wait, J. There was evidence tending to show that the shipment left Cedar Rapids one hour before midnight on January 15, 1918; that the defendant’s agent in Chicago had notice that it was coming, that it arrived in Chicago at 10:10 A. M., January 16, that it left Chicago at 2:30 P. M., January 16, and had a good run as far as Toledo, Ohio, where the car was taken…
1Opinion of the CourtBraley, J.
The defendant on January 15, 1918, engaged to forward from Cedar Rapids, Iowa, to the plaintiff as consignee at Northampton, Massachusetts, “subject to the classifications and tariffs in effect on the date hereof ... for the sum named in . . . this contract ... 28 head Commercial horses,” which during transportation were accompanied as far as Chicago, Illinois, by the shipper, one Woodworth, and from there to Northampton by one Reed, each of whom acted as the plaintiff’s agent. The horses were shipped one hour before midnight January 15, 1918, and were delivered about nine o’clock A. M.…
2Cases cited16 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Illinois Central Railroad v. Cobb, Christy & Co.Illinois Supreme Court · 1872
- Lane v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Delaney v. Framingham Gas, Fuel & Power Co.Massachusetts Supreme Judicial Court · 1909
- Bachant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
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3Cited by3 opinions
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
- Brewster v. Giant Store, Inc.Massachusetts Supreme Judicial Court · 1972
- Elliott v. Wabash Railway Co.Missouri Court of Appeals · 1921