Graustein v. Boston & Maine Railroad

The plaintiff, as assignee of the consignee, seeks to recover for loss of some of the machinery included in one shipment and for damage sustained by machinery contained in two other shipments. He alleges that the loss and damage were caused by the negligence of the defendant, the terminal carrier. After the case had been fully heard *165by a judge who died without making a decision, it was submitted to another judge in accordance with a .stipulation of the parties for his determination upon a transcript of all the evidence together with the exhibits that had been introduced at the first hearing.…