Mann v. Birchard
Supreme Court of Vermont
Assumpsit to recover damages of the defendants as common carriers for neglecting to transport -certain property of the plaintiffs to its place of destination within a reasonable time.. Plea, the general issue, and trial by jury at the December Term, Addison county, 1866, Pierpoint, Ch. J., presiding.
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Assumpsit to recover damages of the defendants as common carriers for neglecting to transport -certain property of the plaintiffs to its place of destination within a reasonable time.. Plea, the general issue, and trial by jury at the December Term, Addison county, 1866, Pierpoint, Ch. J., presiding. In the first count of the declaration it is alleged that the defendants, “ in consideration, &c., contracted" and undertook to forward veals by express and through freight trains to Charlestown, Mass., which, in the course of business, would have arrived at said Charles-town the next morning…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
1. The county court ruled that the defendants, under the circumstances of this case, were to be held to the exercise of only ordinary care and diligence. It is well settled that the printed notices, receipts and regulations of a railway company, even when brought to the notice of the shipper, will have no more effect than the court by this ruling gave them. The defendants could not carry freights upon their railway for a reward without being liable for a failure to use ordinary care in carrying them. No exception by the defendants can,…
2Cases cited4 opinions
- Vail v. StrongSupreme Court of Vermont · 1838
- Brintnall v. Saratoga & Whitehall RailroadSupreme Court of Vermont · 1860
- Weight v. GeerSupreme Court of Vermont · 1834
- Day, Catlin & Co. v. RidleySupreme Court of Vermont · 1844
3Cited by15 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
- Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1929
- Davis & Gay v. Central Vermont RailroadSupreme Court of Vermont · 1893
- Parker v. Boston & Maine RailroadSupreme Court of Vermont · 1911
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