Brockway v. American Express Co.
Massachusetts Supreme Judicial Court
Contract, with a count in tort, for damages caused by the defendant’s negligence in the transportation of the plaintiff’s horses from Chicago to Boston, without giving them an opportunity for food, water, or rest. After the former decision in this court, reported 168 Mass. 257, the case was tried in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows.
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Contract, with a count in tort, for damages caused by the defendant’s negligence in the transportation of the plaintiff’s horses from Chicago to Boston, without giving them an opportunity for food, water, or rest. After the former decision in this court, reported 168 Mass. 257, the case was tried in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. The defendant, which is a joint stock company, organized under the laws of the State of New York, by its agent in Chicago, made an agreement with the plaintiff’s agent to transport the plaintiff’s…
1Opinion of the CourtKnowlton, J.
The only questions in this case are whether the ruling that the contract was governed by the law of Illinois, and not by the law of New York, was correct, and whether the evidence of the law of New York was rightly excluded. In the opinion given at the former hearing of this case (see 168 Mass. 257, 258) are these words: “ The contract was made in Illinois, to be performed in part in that State and in part in other States. The rights of the parties to such a contract are to be determined by the lex loci contractus. Fonseca v. Cunard Steamship Co. 153 Mass. 553. Fairchild v. Philadelphia,…
2Cases cited8 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- McDaniel v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1868
- Palmer v. Atchison, Topeka, & Santa Fé R.R.California Supreme Court · 1894
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3Cited by5 opinions
- Maxwell Shapiro Woolen Co. Inc. v. Amerotron Corp.Massachusetts Supreme Judicial Court · 1959
- Boston Safe Deposit & Trust Co. v. ParisMassachusetts Appeals Court · 1983
- Sasinowski v. Boston & M. R. R.Court of Appeals for the First Circuit · 1935
- Wiley v. Grand Trunk Ry.District Court, W.D. New York · 1915
- Koster v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915