Baker v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for negligence. Transferred from the January term, 1906, of the superior court by Stone, J. The questions of law are raised by the plaintiff’s demurrer to the plea or brief statement filed by the defendant, the material parts of which are as follows: “ At the time of the collision in the declaration complained of, the defendant, a corporation duly established by law and operating a railroad between various points in the states of New Hampshire and Massachusetts and…
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Case, for negligence. Transferred from the January term, 1906, of the superior court by Stone, J. The questions of law are raised by the plaintiff’s demurrer to the plea or brief statement filed by the defendant, the material parts of which are as follows: “ At the time of the collision in the declaration complained of, the defendant, a corporation duly established by law and operating a railroad between various points in the states of New Hampshire and Massachusetts and elsewhere, was engaged in hauling for D. Whiting & Sons of Boston, Massachusetts (the firm in the declaration mentioned),…
1Opinion of the CourtBingham, J.
The defendants are engaged in the carrying trade, as common carriers of freight and passengers. Whiting & Sons are milk contractors who buy and sell milk, buying it of the producers on the line of the defendants’ road and distributing it at different points along the same. In consideration of the defendants agreeing to fiirnish Whiting & Sons with cars provided with icing facilities for the transportation of their milk, Whiting & Sons agreed to pay them a stipulated sum, to furnish the ice, to provide men to do the work incident to handling and caring for the milk while in transit, and to…
2Cases cited11 opinions
- Johnson's Adm'x v. Richmond & Danville R. R.Supreme Court of Virginia · 1890
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Chesapeake & Ohio Ry. Co. v. American Exchange BankSupreme Court of Virginia · 1896
- Railway Co. v. CravensSupreme Court of Arkansas · 1892
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3Cited by5 opinions
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909
- Southern Railway Co. v. United StatesDistrict Court, District of Columbia · 1976
- Chicago, R. I. & P. Ry. Co. v. Lawton Refining Co.Court of Appeals for the Eighth Circuit · 1918
- Wadley Southern Railway Co. v. Kent & DownsSupreme Court of Georgia · 1916
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909