School District v. Boston, Hartford & Erie Railroad
Massachusetts Supreme Judicial Court
Conteact. The declaration contained two counts, each foi the destruction of a cast iron furnace cone, and in form-as follows : “ And the plaintiffs say that the defendants are common carriers of merchandise over their railroad from Boston to Med-field ; that, by order of the plaintiffs, Gardner Chilson delivered to the defendants, as such common carriers, a certain cast iron cone (so called) for a furnace, the property of the plaintiffs, which the defendants received, as…
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Conteact. The declaration contained two counts, each foi the destruction of a cast iron furnace cone, and in form-as follows : “ And the plaintiffs say that the defendants are common carriers of merchandise over their railroad from Boston to Med-field ; that, by order of the plaintiffs, Gardner Chilson delivered to the defendants, as such common carriers, a certain cast iron cone (so called) for a furnace, the property of the plaintiffs, which the defendants received, as such common carriers, and agreed to deliver to the plaintiffs, at the depot of the defendants in Medfield, for a reasonable…
1Opinion of the CourtGray, J.
The declaration is in contract against the defendants as common carriers. It alleges that the defendants, as common carriers, received the plaintiffs’ castings, and agreed to deliver them to the plaintiffs at the place of destination, for a reasonable compensation; and that the castings, while in the care and custody of the defendants, and while they were responsible therefor, were broken and destroyed through the fault of the defendants and their servants. It thus in substance and effect alleges that the defendants as common carriers received the plaintiffs’ property and agreed to transport…
2Cases cited3 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Clark v. BarnwellSupreme Court of the United States · 1852
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
3Cited by15 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- G., C. & S. F. R'y Co. v. McGownTexas Supreme Court · 1886
- Pollock v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1935
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
- Capehart v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1879
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