Davis v. Columbia Coal Mining Co.
Massachusetts Supreme Judicial Court
Contract, to recover damages for the non-delivery of a cargo of Henrietta bituminous coal. Trial in the Superior Court, without a jury, before Hardy, J., who allowed a bill of exceptions, in substance as follows. The plaintiffs were wholesale coal dealers in Boston, and the defendant was engaged in mining and shipping bituminous coal, with its principal office in Philadelphia.
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Contract, to recover damages for the non-delivery of a cargo of Henrietta bituminous coal. Trial in the Superior Court, without a jury, before Hardy, J., who allowed a bill of exceptions, in substance as follows. The plaintiffs were wholesale coal dealers in Boston, and the defendant was engaged in mining and shipping bituminous coal, with its principal office in Philadelphia. The plaintiffs, on April 13, 1894, sent to the defendant a written order for one cargo of Henrietta bituminous coal, under which six hundred tons at two dollars a ton were to be delivered “ f. o. b.,” Greenwich,…
1Opinion of the CourtLathrop, J.
The contract upon which this action is brought is not an absolute contract, by which the defendant agreed to deliver the coal free on board at Greenwich, Philadelphia, at a particular time, but, as the judge who tried the case in the court below has found, is subject to certain conditions, namely, that the defendant was not to be responsible for loss of coal era route, nor for damages from delays in transportation, strikes, or causes beyond the defendant’s control.
The evidence shows that the coal had not "reached Greenwich, but was en route on the road of the Pennsylvania Railroad Company…
2Cases cited1 opinion
- Delaware, Lackawanna & Western Railroad v. BownsNew York Court of Appeals · 1874
3Cited by10 opinions
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- W. K. Niver Coal Co. v. Cheronea S. S. Co.Court of Appeals for the First Circuit · 1905
- New England Concrete Construction Co. v. Shepard & Morse Lumber Co.Massachusetts Supreme Judicial Court · 1915
- Consolidated Coal Co. of St. Louis v. Jones & Adams Co.Appellate Court of Illinois · 1905
- Sanford v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1946
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