McDuffee v. Portland & Rochester Railroad
Supreme Court of New Hampshire
Case, by Daniel McDuffee against the Portland & Rochester Railroad, for not furnishing the plaintiff terms, facilities, and accommodations for his express business on the defendants’ road, between Rochester, N. II., and Portland, Me., reasonably equal to those furnished by the defendants to the Eastern Express Company. The defendants demurred to the declaration. first brief. The demurrer should be sustained.
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Case, by Daniel McDuffee against the Portland & Rochester Railroad, for not furnishing the plaintiff terms, facilities, and accommodations for his express business on the defendants’ road, between Rochester, N. II., and Portland, Me., reasonably equal to those furnished by the defendants to the Eastern Express Company. The defendants demurred to the declaration. first brief. The demurrer should be sustained. The defendant road being nearly all in the State of Maine, this court has not jurisdiction to hear the case. The writ alleges that the plaintiff did express business over the Poi'tland &…
1Opinion of the CourtDoe, J.
I. A common carrier is a public carrier. He engages in a *448public employment, takes upon himself a public duty, and exercises a sort of public office. Sandford v. R. Co., 24 Pa. St. 378, 381; N. J. S. N. Co. v. Merchants’ Bank, 6 How. 344, 382; Shelden v. Robinson, 7 N. H. 157, 163, 164; Gray v. Jackson, 51 N. H. 9, 10; Ansell v. Waterhouse, 2 Chitty 1, 4; Hollister v. Nowlen, 19 Wend. 234, 239. He is under a legal obligation ; others have a corresponding legal right. His duty being public, the correlative right is public. The public right is a common right, and a common right signifies a…
2Cases cited5 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Chicago, Burlington & Quincy Railroad v. ParksIllinois Supreme Court · 1857
- New England Express Co. v. Maine Central RailroadSupreme Judicial Court of Maine · 1869
- Fuller v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Fuller v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
3Cited by8 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- In re the Proposed New Hampshire Rules of Civil ProcedureSupreme Court of New Hampshire · 1995
- Root v. . L.I.R.R. Co.New York Court of Appeals · 1889
- E. D. Clough & Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- G. & T. Terminal Packaging Co., Inc. And Anthony Spinale v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1987
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