Boston & Albany Railroad v. Shanly
Massachusetts Supreme Judicial Court
The first case was an action of tort against Walter Shanly and Francis Shanly, of North Adams; Hugo Dittmar, Carl Dittmar and Gottlieb F. Burkhardt of Boston; the Oriental Powder Company, a corporation having a usual place of business in Boston ; and William H. Jackson, Ezra F. Newhall, Julius Smith and Peter Hinds, of Boston.
Read the full summary
The first case was an action of tort against Walter Shanly and Francis Shanly, of North Adams; Hugo Dittmar, Carl Dittmar and Gottlieb F. Burkhardt of Boston; the Oriental Powder Company, a corporation having a usual place of business in Boston ; and William H. Jackson, Ezra F. Newhall, Julius Smith and Peter Hinds, of Boston. Writ dated August 8, 1870. The first count in the declaration alleged that the plaintiffs were a corporation, and owned a railroad, and were common carriers, between Boston in Massachusetts and Albany in New York and intermediate towns, and were also lessees of a…
1Opinion of the CourtChapman, C. J.
The first case comes before us upon a demurrer to the plaintiffs’ declaration. The action is against Walter and Francis Shanly, of North Adams; Hugo and Carl Dittmar and Gottlieb F. Burkhardt, of Boston; the Oriental 'Powder Company, a corporation established in Boston; and Jackson, Newhall, Smith and Hinds, of Boston, the officers or agents of the company. The first count alleges that the plaintiffs are common carriers between Boston and North Adams, upon their own railroad from Boston to Pittsfield, and thence to North Adams upon the Pittsfield and North Adams Railroad, of which they are…
2Cases cited5 opinions
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
- Russell v. TomlinsonSupreme Court of Connecticut · 1817
- Ellis v. HowardSupreme Court of Vermont · 1845
3Cited by25 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Brenda Payton v. Abbott Labs, Eli Lilly and CompanyCourt of Appeals for the First Circuit · 1985
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
20 more not listed; retrieve them via the Exa API.