Paige v. Smith
Massachusetts Supreme Judicial Court
Contract for the value of fifty-five bales of hay. In the superior court facts were agreed in substance as follows : “ The defendants were originally trustees of the Vermont Central Railroad, under the first mortgage bonds; and they were, prior to the year 1861, operating the Vermont Central Railroad under a possession taken under said bonds, and the Vermont and Canada Railroad under a lease, or supposed lease.
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Contract for the value of fifty-five bales of hay. In the superior court facts were agreed in substance as follows : “ The defendants were originally trustees of the Vermont Central Railroad, under the first mortgage bonds; and they were, prior to the year 1861, operating the Vermont Central Railroad under a possession taken under said bonds, and the Vermont and Canada Railroad under a lease, or supposed lease. A controversy arose between the Vermont and Canada, and the Vermont Central Raih’oad Companies, as to which of them should have a right to operate the road; a bill in equity was filed…
1Opinion of the CourtFoster, J.
The supreme court of Vermont, in an action against these defendants, held that, “ if in fact they were common carriers over a line of railroad, it could be no defence to an action at law for a breach of duty or obligation arising out of business entrusted to them in that relation, that they were running and managing the line of railroad as receivers under the appointment of the court of chancery.” Blumenthal v. Brainerd, 38 Verm. 408.
It is impossible for the courts of this Commonwealth to accord to these defendants an exemption from the ordinary common law liabilities of common carriers, more…
2Cases cited1 opinion
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
3Cited by25 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Hills v. ParkerMassachusetts Supreme Judicial Court · 1873
- Kain v. . SmithNew York Court of Appeals · 1880
- Cardot v. . BarneyNew York Court of Appeals · 1875
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