A. J. Tower Co. v. Southern Pacific Co.
Massachusetts Supreme Judicial Court
Contract for alleged breach of an agreement in a bill of lading to transport twenty cases of oiled clothing from New York to Galveston, Texas, by a steamship of the defendant.
Read the full summary
Contract for alleged breach of an agreement in a bill of lading to transport twenty cases of oiled clothing from New York to Galveston, Texas, by a steamship of the defendant. Writ dated December 7, 1900. At the trial in the Superior Court before Maynard, J., it appeared, that the goods were shipped in a steamship of the defendant and were lost in a storm by reason of being carried on deck, having been thrown overboard when they became loose, and there was danger of their tearing the tarpaulin, which would have let water into the hold to the damage of the other cargo, and there also was…
1Opinion of the CourtBraley, J.
The goods named in the declaration having been delivered to and accepted by the defendant for transportation, it could not as a common carrier be relieved from the liability incurred by its undertaking to safely carry and deliver them unless the oiled clothing that constituted the consignment is within the exceptions provided for in the contract of affreightment.
It is conceded that no loss would have occurred from any danger of the seas, if the cases of oiled clothing had been stowed below deck; and the defendant now seeks to be relieved from the payment of damages caused to the plaintiff by…
2Cases cited5 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Mooney v. Howard InsuranceMassachusetts Supreme Judicial Court · 1885
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1863
- Hutchins v. WebsterMassachusetts Supreme Judicial Court · 1896
- Packard v. EarleMassachusetts Supreme Judicial Court · 1873
3Cited by25 opinions
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- DiMarzo v. American Mutual InsuranceMassachusetts Supreme Judicial Court · 1983
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
20 more not listed; retrieve them via the Exa API.