Legal Opinion

New England Express Co. v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided July 1, 1869PublishedCited by 30 opinions

On facts agreed. Case for refusing to carry tbe plaintiffs’ express freight from Bangor to Portland, on one of their passenger trains. The writ is dated Sept. 5, 1868. The case is sufficiently stated in the opinion. The defendant corporation have all the powers, &c., of the two 'corporations of which it was composed. Laws of 1856, c. 651, I 4. 'Those two charters are alike in respect to powers, &c., conferred, ■and duties, &c., imposed.

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On facts agreed. Case for refusing to carry tbe plaintiffs’ express freight from Bangor to Portland, on one of their passenger trains. The writ is dated Sept. 5, 1868. The case is sufficiently stated in the opinion. The defendant corporation have all the powers, &c., of the two 'corporations of which it was composed. Laws of 1856, c. 651, I 4. 'Those two charters are alike in respect to powers, &c., conferred, ■and duties, &c., imposed. By § 6, “ The transportation of persons •and property . . . and all other matters and things in relation to said road shall be in conformity with such rules,…

1Opinion of the CourtAppleton, C. J.

On the first of January, 1885, the defendant corporation contracted with the Eastern Express Company to give them a certain specified space in the car attached to the passenger train, and “ devoted to the carriage of the United States mail and the baggage of passengers transported upon said passenger trains,” and to transport the agents and the property they may carry on certain conditions ; especially agreeing that they would not “ grant or let any similar space in any car or cars attached to the passenger trains, or run with them upon the defendant road, to any other persons as express…

2Cited by30 opinions

  1. Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
  2. Kalamazoo Hack & Bus Co. v. SootsmaMichigan Supreme Court · 1890
  3. Cook & Wheeler v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
  4. Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
  5. Kates v. Atlanta Baggage & Cab Co.Supreme Court of Georgia · 1899

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