Bianchi v. Montpelier & Wells River Railroad
Supreme Court of Vermont
Trover, for the alleged misdelivery of a granite monument, shipped by plaintiffs over the defendant railroad, and consigned to themselves at St. Louis, Missouri. Plea, the general issue. Trial by court at the March Term, 1917, Washington County, Miles, J., presiding.
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Trover, for the alleged misdelivery of a granite monument, shipped by plaintiffs over the defendant railroad, and consigned to themselves at St. Louis, Missouri. Plea, the general issue. Trial by court at the March Term, 1917, Washington County, Miles, J., presiding. Statement by Watson, C. J. It is found that on the 3d day of September, 1915, the plaintiffs delivered to the defendant, at Barre, this State, the monument in question, manufactured by them' for the Norman Monument Company of St. Louis, Missouri, and received of the defendant a bill of lading which is made a part of the findings.…
1Opinion of the CourtWatson, C. J.
The bill of lading stipulated the Tieman switch as the place of delivery. The contract was controlling in this respect, and the monument was delivered by the terminal carrier at that place, accordingly.
The facts found show that the Tieman switch is a private siding built for the convenience of Tieman who, by reason thereof, became responsible for freight charges on all shipments placed thereon. The fact that the railroad may put goods on that siding, did not make it other than private in this instance where the place of delivery was fixed by contract, with the making of which the terminal…
2Cases cited10 opinions
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
- Bank of Bristol v. B. O.R. Co.Court of Appeals of Maryland · 1904
- Davis & Gay v. Central Vermont RailroadSupreme Court of Vermont · 1893
- Michigan Southern & Northern Indiana Railroad v. DayIllinois Supreme Court · 1858
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3Cited by4 opinions
- State v. LongSupreme Court of Vermont · 1922
- Sparrow v. Vermont Savings BankSupreme Court of Vermont · 1921
- Bonazzi v. FortneySupreme Court of Vermont · 1920
- Atlantic Refining Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1921