Kawcabany v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort with a first count for the alleged conversion of a pedler’s pack belonging to the plaintiff, and a second and a third count each alleging the defendant’s receipt of the pack as a common carrier and its failure to deliver the pack.
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Tort with a first count for the alleged conversion of a pedler’s pack belonging to the plaintiff, and a second and a third count each alleging the defendant’s receipt of the pack as a common carrier and its failure to deliver the pack. Writ dated August 7, 1907. In the Superior Court the case was tried before Gaskill, J. The evidence tended to show that the plaintiff’s agent, one Assam, bought a ticket at Jefferson, Massachusetts, for Cold-brook, Massachusetts, on the defendant’s road in the afternoon of June 20,1907, and had with him a pedler’s pack containing merchandise belonging to the…
1Opinion of the CourtSheldon, J.
It is not denied that the defendant had a right to make the charge of- fifteen cents for the transportation of the plaintiff’s pack, or that it had the right to detain the pack when *591the plaintiff’s agent refused to pay this amount. The defendant had a lien on the pack both for the charge of transportation and for storage after a reasonable time. Miller v. Mansfield, 112 Mass. 260. It was not disputed that under the defendant’s rule in this case twenty-four hours constituted such reasonable time. Accordingly a verdict could not have been ordered for the plaintiff.
Nor has the plaintiff any…
2Cases cited1 opinion
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
3Cited by1 opinion
- Boston & Maine Railroad v. Oceanic Steam Navigation Co.Massachusetts Supreme Judicial Court · 1917