Emery & Co. v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract or tort against the Boston and Maine Railroad by Emery and Company, Incorporated, as the owner and consignee of one hundred and fifteen barrels of pickled herring for the spoiling of the herring alleged to have been caused by the fault or negligence of the defendant. Writ dated May 27,1914. The plaintiff’s declaration, as amended, was as follows: “First count.
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Contract or tort against the Boston and Maine Railroad by Emery and Company, Incorporated, as the owner and consignee of one hundred and fifteen barrels of pickled herring for the spoiling of the herring alleged to have been caused by the fault or negligence of the defendant. Writ dated May 27,1914. The plaintiff’s declaration, as amended, was as follows: “First count. And the plaintiff says the defendant is a common carrier for hire of passengers and goods and received for carriage to the plaintiff one hundred and fifteen barrels of pickled herring to be carried from Eastport in the State of…
1Opinion of the CourtBraley, J.
It either was uncontroverted or the jury would have been warranted in finding, that the defendant as the initial carrier on September 7, 1912, received at Eastport, Maine, one hundred and fifteen barrels of pickled herring for transportation to Boston in this Commonwealth, where the Union Freight Line or Union Freight Company as the last carrier received the car for delivery to the plaintiff, the consignee. The car arrived sometime in the forenoon of September 9, and the plaintiff’s clerk in the afternoon having been informed by the defendant, “that the car of pickled herring had arrived at…
2Cases cited6 opinions
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Evans v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Farmington Mercantile Co. v. Chicago, Burlington, & Quincy RailroadMassachusetts Supreme Judicial Court · 1896
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3Cited by2 opinions
- Batchelder & Snyder Co. v. Union Freight RailroadMassachusetts Supreme Judicial Court · 1927
- Clapp v. American Express Co.Massachusetts Supreme Judicial Court · 1919