Fillebrown v. Grand Trunk Railway Co.
Supreme Judicial Court of Maine
On Report. Case, to recover for the loss of 100 empty barrels delivered to the defendants as common carriers, at Detroit, Michigan, to be transported to Utica.
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On Report. Case, to recover for the loss of 100 empty barrels delivered to the defendants as common carriers, at Detroit, Michigan, to be transported to Utica. The specifications of defence alleged,— " That the barrels mentioned in the writ were delivered to the defendant company, under a contract evidenced by a written instrument in the nature of a bill of lading then delivered to the plaintiff, and accepted by him; and while in the possession of the defendant were destroyed by fire, for which loss, by the terms and conditions of said bill of lading, the defendant company was not responsible…
1Opinion of the CourtAppleton, C. J.
The defendants are common carriers. By direction of the plaintiff, on 18th Oct., 1865, one hundred barrels were left with the defendants at their depot in Detroit, Michigan, to be by them transported from thence to a designated place of destination. The defendants received them in charge for that purpose. Within one or two hours after they were so left, the depot, in which they were deposited, was burned without fault, on the part of the defendants. *466By the common law, the common carrier being regarded as an insurer, except when the loss is by the act of God- or the enemies of the government,…
2Cases cited1 opinion
- Limburger v. WestcottNew York Supreme Court · 1867
3Cited by3 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Kirkland v. DinsmoreNew York Supreme Court · 1874
- Southern Pacific Co. v. LarrimoreArizona Supreme Court · 1920