Coles v. Boston & Maine Railroad
Supreme Court of New Hampshire
Counsel for the parties agreed as follows: (1) If on the foregoing facts the plaintiff can only recover $5 per hundred-weight as damages, she is to have judgment for $120 and costs; (2) if she is not limited to $5 per hundred-weight, she is to have judgment for $300 without costs.
1Opinion of the CourtPeaslee, J.
The agreement at the close of the case may fairly be construed to mean that the defendant admits its liability as a common carrier for the full value of the property, unless facts are disclosed which limit such liability. The defendant makes this admission in its brief and joins issue with the plaintiff on the question whether she is bound by the bill of lading. Both parties assume that the reported facts, taken in connection with the testimony of the plaintiff, present a question of law as to the written document being her contract.
Whether she assented to a contract was a question of fact.…
2Cases cited2 opinions
- Elwell v. RoperSupreme Court of New Hampshire · 1904
- Morse v. MorseSupreme Court of New Hampshire · 1902
3Cited by6 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Moynihan v. BrennanSupreme Court of New Hampshire · 1914
- Pettee v. Omega Chapter of Alpha Gamma RhoSupreme Court of New Hampshire · 1934
- Head & Dowst Co. v. New England Breeders' ClubSupreme Court of New Hampshire · 1910
- Nashua Trust Co. v. BurkeSupreme Court of New Hampshire · 1930
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