Cheney v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract to recover back certain sums of money paid by the plaintiff to the defendant upon shipments of goods consigned to the plaintiff over the defendant’s railroad. Writ dated August 14, 1914. In the Superior Court the case was tried before Keating, J. At the trial the plaintiff read the auditor’s report and rested. Thereupon the defendant rested. The defendant asked for certain rulings, which were refused by the judge.
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Contract to recover back certain sums of money paid by the plaintiff to the defendant upon shipments of goods consigned to the plaintiff over the defendant’s railroad. Writ dated August 14, 1914. In the Superior Court the case was tried before Keating, J. At the trial the plaintiff read the auditor’s report and rested. Thereupon the defendant rested. The defendant asked for certain rulings, which were refused by the judge. The judge ordered the jury to return a verdict for the plaintiff in the sum of $1,255 in accordance with the finding of the auditor. The defendant alleged exceptions. R. L.…
1Opinion of the CourtLoring, J.
This is an action brought to recover demurrage charges paid by the plaintiff to the defendant. These charges *337were made on interstate shipments of lumber delivered by the defendant to the plaintiff in the city of Lowell. The ground on which the plaintiff seeks to recover is that the charges were in violation of the tariff filed by the defendant with the interstate commerce commission.
During the time in question the plaintiff was a manufacturer of wooden boxes with a factory in Lowell. The lumber in question was delivered by the railroad company on a private track owned by the plaintiff which…
2Cases cited2 opinions
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Loomis v. Lehigh Valley RailroadSupreme Court of the United States · 1916
3Cited by12 opinions
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Board of Assessors v. Suffolk Law SchoolMassachusetts Supreme Judicial Court · 1936
- In re MayberryMassachusetts Supreme Judicial Court · 1936
- Conservation Commission v. PachecoMassachusetts Appeals Court · 2000
- Cheney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1923
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