Knowles v. Atlantic & St. Lawrence Railroad
Supreme Judicial Court of Maine
On Report from Nisi Prius, Rice, J., presiding. This action was to recover for the loss of sixteen tons of hay. It was stipulated that the Court might draw the same inferences from the evidence and admissions as a jury: and if the defendants are liable in any form of declaring, they are to be defaulted; otherwise a nonsuit to be entered.
Read the full summary
On Report from Nisi Prius, Rice, J., presiding. This action was to recover for the loss of sixteen tons of hay. It was stipulated that the Court might draw the same inferences from the evidence and admissions as a jury: and if the defendants are liable in any form of declaring, they are to be defaulted; otherwise a nonsuit to be entered. On July 15, 1851, the plaintiff hired two cars of the A. & K. Railroad Co. at $15 for each car, in which they were to transport his hay from Belgrade to Portland. The last part of the way was over defendants’ road, and there was an arrangement between them…
1Opinion of the CourtRice, J.
— The evidence in the case, shows that the original contract of the defendants, as common carriers, was fully executed, to the satisfaction of the plaintiff. Howe, the forwarding agent of the railroad company, in his deposition, states, that "I told Mr. Knowles that the hay was now delivered in good order; that that was an end of our contract, and that it must now be at his risk against any damage. He replied that he acknowledged he received dt in good order.” The defendants therefore, clearly, are not liable as common carriers.
The case provides, that if in the opinion of the Court, the…
2Cases cited1 opinion
- Tompkins v. SaltmarshSupreme Court of Pennsylvania · 1826
3Cited by2 opinions
- Parker & Updegraff v. Union Ice & Salt Co.Supreme Court of Kansas · 1898
- Nolde v. WDAS Broadcasting Station, Inc.Superior Court of Pennsylvania · 1932