Legal Opinion

Terrell v. Payne

Supreme Court of New Hampshire

Decided December 4, 1923Published

1Opinion of the CourtYoung, J.

United States Compiled Statutes 1906, ss. 8651, 8652 make it the duty of a common carrier to unload live stock, which has been confined in a car for twenty-eight hours, into properly equipped pens for feed, water and rest, and the real issue in this case is whether the carrier may take the stock to a stable for that purpose, and, if he does, whether he has the same lien on the stock for expenses that he would have if he fed, watered and rested them on his own right of way.

The law makes it the duty of a common carrier to use ordinary care in doing what he undertakes to do (Kimball v. Company,…

2Cases cited5 opinions

  1. Gardner v. Commercial MacHine Co.Supreme Court of New Hampshire · 1920
  2. State v. FoggSupreme Court of New Hampshire · 1923
  3. Bailey Lumber Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1916
  4. Kimball v. American Express Co.Supreme Court of New Hampshire · 1911
  5. Saladino v. GurdySupreme Court of New Hampshire · 1921

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