Nominsky v. New York, New Haven & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract or tort by the assignee of one Louis Cutler, for the value of a bale of rags alleged to have been delivered to the defendant for shipment to Cutler and to have been lost of destroyed and not delivered to Cutler. Writ in the Municipal Court of the City of Boston dated May 15,1919. The answer of the defendant was a general denial and an allegation of contributory negligence on the part of the plaintiff.
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Contract or tort by the assignee of one Louis Cutler, for the value of a bale of rags alleged to have been delivered to the defendant for shipment to Cutler and to have been lost of destroyed and not delivered to Cutler. Writ in the Municipal Court of the City of Boston dated May 15,1919. The answer of the defendant was a general denial and an allegation of contributory negligence on the part of the plaintiff. In the Municipal Court the trial judge ruled "as a matter of law that the Acts of Congress, March 21, 1918, the proclamations of the President of December 26, 1917, and of April 16,…
1Opinion of the CourtDe Courcy, J.
This is an action to recover the value of a bale of rags, claimed to have been damaged or destroyed in transit. The shipment was made on November 21, 1918; and the action was brought in May, 1919. The controlling question raised is whether the action should have been brought against the Director General of Railroads.
In his proclamation of December 26,1917, whereby the President took possession and control of the transportation systems of the country, and appointed William G. McAdoo Director General of Railroads, it was provided: “ Said Director may perform the duties imposed upon him, so long…
2Cases cited5 opinions
- Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
- Dakota Central Telephone Co. v. South Dakota Ex Rel. PayneSupreme Court of the United States · 1919
- Public Service Commissioners v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1919
- West v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1919
3Cited by9 opinions
- Lonergan v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1924
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Mellon v. WeissSupreme Court of the United States · 1926
- Mills v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Keegan v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
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