Buckland v. Adams Express Co.
Massachusetts Supreme Judicial Court
Contract to recover the value of a case of pistols. In the superior court judgment was entered for the plaintiffs on agreed facts ; and the defendants appealed to this court. 1. The facts agreed as to the general capacity of the defendants as common carriers were as follows: “ The defendants, in all their advertisements, placards, notices and receipts, designate themselves simply as an express company and express-forwarders.
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Contract to recover the value of a case of pistols. In the superior court judgment was entered for the plaintiffs on agreed facts ; and the defendants appealed to this court. 1. The facts agreed as to the general capacity of the defendants as common carriers were as follows: “ The defendants, in all their advertisements, placards, notices and receipts, designate themselves simply as an express company and express-forwarders. They have established in most of the cities and large towns in certain sections of the country offices and agents, and it is made the duty of the agents, among other…
1Opinion of the CourtBigelow, C. J.
We are unable to see any valid reason for the suggestion that the defendants are not to be regarded as common carriers. The name or style under which they assume to carry on their business is wholly immaterial. The real nature of their occupation and of the legal duties and obligations which it imposes on them is to be ascertained from a consideration of the kind of service which they hold themselves out to the public as ready to render to those who may have occasion to employ them. Upon this point there is no room for doubt. They exercise the employment of'receiving, carrying and delivering…
2Cited by25 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- First National Stores Inc. v. H. P. Welch Co.Massachusetts Supreme Judicial Court · 1944
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
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