Legal Opinion

Moses v. Boston & Maine Railroad

Supreme Court of New Hampshire

Decided July 15, 1856PublishedCited by 4 opinions

Case, to recover the value of ten bags of wool lost. The declaration originally contained but one count, in which it is alleged that the defendants, on the 2d of November, 1850, being common carriers of goods for hire, in consideration that the plaintiff, at the request of the defendants, delivered to them the wool in question, promised to take care of, safely convey from Exeter to Boston, and deliver to the plaintiff said wool for a reasonable reward, within a reasonable…

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Case, to recover the value of ten bags of wool lost. The declaration originally contained but one count, in which it is alleged that the defendants, on the 2d of November, 1850, being common carriers of goods for hire, in consideration that the plaintiff, at the request of the defendants, delivered to them the wool in question, promised to take care of, safely convey from Exeter to Boston, and deliver to the plaintiff said wool for a reasonable reward, within a reasonable time; yet the defendants, having accepted the wool for that purpose, did not carry the same to Boston, and did not deliver…

1Opinion of the Court

Sawyer, J.*

The first of the five questions submitted to the jury was thus submitted as involving the point on which the question turned as to the liability of the defendants, as common carriers, if it should be settled by this court to be the law that their *533liability as carriers terminated when the wool was taken from the cars and placed upon the platform of the warehouse at its place of destination, separate from other goods, and ready for delivery. This question was immaterial, if that liability in point of law rests upon other grounds ; and the general verdict would, in that view, be…

2Cited by4 opinions

  1. Chicago & Northwestern Railroad v. SawyerIllinois Supreme Court · 1873
  2. Jewell v. Grand Trunk RailwaySupreme Court of New Hampshire · 1874
  3. Culbreth v. P. W. B. R.R. Co.Superior Court of Delaware · 1867
  4. Hedges v. Hudson River RailroadThe Superior Court of New York City · 1868

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