Metz Co. v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract for $335.70 for the value of certain castings which-the defendant on June 13, 1913, agreed to transport from Black Rock in the State of New York to Waltham in this Commonwealth and which it failed to deliver. Writ dated December 4, 1914. In the Superior Court the case was tried before Bell, J. The evidence is described in the opinion.
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Contract for $335.70 for the value of certain castings which-the defendant on June 13, 1913, agreed to transport from Black Rock in the State of New York to Waltham in this Commonwealth and which it failed to deliver. Writ dated December 4, 1914. In the Superior Court the case was tried before Bell, J. The evidence is described in the opinion. The judge ordered the jury to return a verdict for the plaintiff in the sum of $344.10, the full amount of its claim; and the defendant alleged exceptions.
1Opinion of the CourtRugg, C. J.
This is an action to recover the value,of certain castings shipped in interstate commerce from Black Rock in the State of New York to Waltham in this Commonwealth, and lost in transportation. It was admitted that a bill of lading “was issued according to law and that a copy of said bill of lading had been duly filed with the tariff schedules of the issuing carrier with the interstate commerce commission and these tariff sched*308ules had been duly published and kept open for inspection in accordance with the Acts of Congress and amendments thereto relating to interstate commerce.” One clause of…
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