Wiggin v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for the conversion of 114 bushels of oats. Answer, a general denial. At the trial in the Superior Court, before Brigham, C. J., the plaintiffs called one Hamilton, who testified that he was the local freight agent of the defendant at Springfield; that car No. 8761 came over the road in January, 1871; that a way-bill came with it, which he identified, and which was put in evidence; that the price of carriage is made when the carriage begins; in this instance at Peoria,…
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Tort for the conversion of 114 bushels of oats. Answer, a general denial. At the trial in the Superior Court, before Brigham, C. J., the plaintiffs called one Hamilton, who testified that he was the local freight agent of the defendant at Springfield; that car No. 8761 came over the road in January, 1871; that a way-bill came with it, which he identified, and which was put in evidence; that the price of carriage is made when the carriage begins; in this instance at Peoria, Illinois; that this was way-billed as 20,000 pounds, at seventy-five cents per hundred pounds. The waybill was issued by…
1Opinion of the CourtEndicott, J.
The defendant, as one of the Red Line Transit Company, undertook to carry, according to the terms of a bill of lading, issued by the Transit Company, a car load of oats in bulk on board car No. 3761; the oats are stated in the bill of lading to weigh 20,000 pounds. The car arrived in Springfield on its way to the plaintiffs at Northampton, and while there and in the custody of the defendant, it was found to contain 23,667 pounds of oats. The excess over 20,000 pounds was taken from it by the *205defendant, and the car then forwarded to the plaintiffs. It appears by the bill of exceptions that the…
2Cases cited2 opinions
- Stone v. SanbornMassachusetts Supreme Judicial Court · 1870
- Peebles v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1895
- Stagg v. ComptonIndiana Supreme Court · 1881
- Clarke-Lawrence Co. v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1908