Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.
Supreme Court of the United States
ERROR TO THE S.UPREME COURT OF THE TERRITORY OF ARIZONA. The facte, which involve the construction of a contract between a railway company and a construction contractor and the liability of the former for materials belonging to the latter destroyed by fire, are stated in the opinion. The railroad company was a common carrier of the goods destroyed, and hence, could not by contract absolve itself from liability to the defendant in error for its acts of negligence.
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ERROR TO THE S.UPREME COURT OF THE TERRITORY OF ARIZONA. The facte, which involve the construction of a contract between a railway company and a construction contractor and the liability of the former for materials belonging to the latter destroyed by fire, are stated in the opinion. The railroad company was a common carrier of the goods destroyed, and hence, could not by contract absolve itself from liability to the defendant in error for its acts of negligence. For the true test to determine whether a party is a common carrier, see 1 Hutchinson on Carriers, § 48, 3d ed.; all the elements of…
1Opinion of the CourtJustice Hughes
The Grant Brothers Construction Company recovered judgment in the District Court of the Territory of Arizona for $9,061 for the loss of its property by fire on June 6, 1907, between Bouse and Phœnix, Arizona, while in course of transportation on the railroad operated'by the Santa Fe, Prescott & Phoenix Railway Company, the plaintiff in error. The judgment was entered upon a verdict of a jury, a motion for a new trial was denied, and the judgment was affirmed by the Supreme Court of the Territory, 13 Arizona, 186.
The Railway Company had been engaged in building, westerly from its main line, a…
2Cases cited6 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Knott v. Botany MillsSupreme Court of the United States · 1900
- Northern Pacific Railway Company v. AdamsSupreme Court of the United States · 1904
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3Cited by179 opinions
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- Kansas City Southern Railway Co. v. United StatesSupreme Court of the United States · 1931
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1915
- Sun Oil Co. v. Dalzell Towing Co.Supreme Court of the United States · 1932
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