Bowen v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort, brought by Mary A. Bowen, who was engaged in the teaming and trucking business, as the assignee in writing of James H. Roberts and Daniel G. Langlands, the manufacturers and owners of a fly wheel delivered at the defendant’s freight yard at East Cambridge for transportation over its railroad and alleged to have been injured and destroyed through the negligence of the defendant’s servants when lifting it from the plaintiff’s wagon by means of a crane or derrick.
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Tort, brought by Mary A. Bowen, who was engaged in the teaming and trucking business, as the assignee in writing of James H. Roberts and Daniel G. Langlands, the manufacturers and owners of a fly wheel delivered at the defendant’s freight yard at East Cambridge for transportation over its railroad and alleged to have been injured and destroyed through the negligence of the defendant’s servants when lifting it from the plaintiff’s wagon by means of a crane or derrick. Writ dated July 16,1907. The declaration originally was as follows: “ First count: And the plaintiff says that she is the…
1Opinion of the CourtSheldon, J.
The plaintiff’s declaration as originally drawn set forth a cause of action which had become vested in her assignors, Roberts and Langlands; and this is true also of her third count, which apparently was filed at the trial. Her right to maintain the action in her own name accordingly depends upon the provisions of R. L. c. 173, § 4: “ The assignee of a nonnegotiable legal chose in action which has been assigned in writing may maintain an action thereon in his own name, but subject to all defenses and rights of counterclaim, recoupment or set-off to which the defendant would have been entitled…
2Cases cited1 opinion
- Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
3Cited by14 opinions
- Osborn v. ClineNew York Court of Appeals · 1934
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Grace v. Sterling, Grace & Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Hudson Transit Corp. v. AntonucciSupreme Court of New Jersey · 1948
- Belli v. ForsythMassachusetts Supreme Judicial Court · 1938
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