Fox v. Adams Express Co.
Massachusetts Supreme Judicial Court
Contract to recover the value of a trunk and its contents belonging to the plaintiff, and destroyed in April, 1873, while in the possession of the defendant company, in the course of transportation from Newark, New Jersey, to Boston.
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Contract to recover the value of a trunk and its contents belonging to the plaintiff, and destroyed in April, 1873, while in the possession of the defendant company, in the course of transportation from Newark, New Jersey, to Boston. The case was submitted to the Superior Court, on an agreed statement of facts in substance as follows: It is admitted for the purposes of this statement, that the defendant company, at the time of the loss in April, 1873, was a corporation capable of being sued, and doing the business of a common carrier between New York and Boston. On April 17, 1873, the…
1Opinion of the Court
By the Court.
It does not appear that there was any error of law in the judgment of the court below. That judgment may have been founded on an inference of fact (which the letter of the defendant’s agent, taken in connection with the circumstances of the case, would justify) that the defendants had admitted their liability to some extent. And the parties agreed, in the case stated, upon the sum for which judgment should be rendered, if the plaintiff could recover at all.
Judgment for the plaintiff affirmed,*
2Cited by5 opinions
- Bennett v. Northern Pacific Express Co.Oregon Supreme Court · 1885
- North Pacific Lumber Co. v. Willamette Mill Co.Oregon Supreme Court · 1896
- Clark v. BurnsMassachusetts Supreme Judicial Court · 1875
- West v. PlattMassachusetts Supreme Judicial Court · 1876
- Rea v. SimmonsMassachusetts Supreme Judicial Court · 1886