Lovell v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for injuring the plaintiff’s mare while transporting her-from Bellows Falls, Vermont, to Nashua, via Ayer Junction, Massachusetts. Trial by jury. Transferred from the May term, 1910,. of the superior court by Qhamberlin, J. On Sunday, July 26,1908, the plaintiff delivered the mare to the; defendants and signed the contract on which they rely.
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Case, for injuring the plaintiff’s mare while transporting her-from Bellows Falls, Vermont, to Nashua, via Ayer Junction, Massachusetts. Trial by jury. Transferred from the May term, 1910,. of the superior court by Qhamberlin, J. On Sunday, July 26,1908, the plaintiff delivered the mare to the; defendants and signed the contract on which they rely. The mare left Bellows Falls Sunday afternoon, was injured at Ayer Junction some time the same night, was shipped thence Monday morning, and was accepted by the plaintiff on arrival at Nashua. An employee of the plaintiff accompanied the mare in…
1Opinion of the CourtYotraa, J.
The defendants concede that if the contract “is. void because executed on Sunday, and the plaintiff is in a position to interpose this objection,” his exception should be sustained.. Their first position is that the contract is valid, notwithstanding the-parties were forbidden to make it by the lex loci contractus, because-it would have been legal if made in Massachusetts, the place where-it was to be performed in part and where the accident happened, or because so much of the carriage as was to be done in that commonwealth was legal. In other words, they say that at common law the validity…
2Cases cited1 opinion
- Flinn v. St. JohnSupreme Court of Vermont · 1879
3Cited by2 opinions
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- Naylor v. ConroyNew Jersey Superior Court Appellate Division · 1957