Legal Opinion

Young v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided February 27, 1915PublishedCited by 2 opinions

On report. This is an action on the case to recover damages for the loss of one carload of potatoes, by the alleged negligence of the defendant, which the plaintiff delivered to and the same were received by the defendant on the 26th day of November, 1910, at Hillside Station in Brunswick, to be carried by the defendant to Summit, in New Jersey, and there to be delivered by the defendants, through connecting railroads, to the order of the plaintiff.

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On report. This is an action on the case to recover damages for the loss of one carload of potatoes, by the alleged negligence of the defendant, which the plaintiff delivered to and the same were received by the defendant on the 26th day of November, 1910, at Hillside Station in Brunswick, to be carried by the defendant to Summit, in New Jersey, and there to be delivered by the defendants, through connecting railroads, to the order of the plaintiff. The plea was the general issue. At the close of the plaintiff’s testimony, this case was reported to the Law Court by agreement of parties. If…

1Opinion of the CourtPhilbrook, J.

This case comes to us on report, the defendant having offered no testimony, with the stipulation that if the plaintiff is entitled to recover upon the evidence offered by him the case is to stand for trial; otherwise this court is to direct judgment for defendant.

In the latter part of November, 1910, the plaintiff desired to ship a carload of potatoes from Hillside, a station on defendant’s road, to Summit in the State of New Jersey. He applied to defendant’s *115yard master at Brunswick for a refrigerator car, or a double lined ear. The yard master replied to the applicant “I can’t give you one,…

2Cases cited8 opinions

  1. McGraw v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
  2. Missouri, Kansas & Texas Railway Co. v. Stark Grain Co.Texas Supreme Court · 1910
  3. Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
  4. Kinnick Bros. v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
  5. Dawson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883

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3Cited by2 opinions

  1. The Henry W. BreyerDistrict Court, D. Maryland · 1927
  2. Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1929

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