Garfield & Proctor Coal Co. v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Contract, to recover damages for delay in discharging certain cargoes of coal from vessels sent to the defendant’s coal wharf in Boston by the plaintiff, in November and December, 1893, to be discharged and shipped by the defendant in cars over its road to customers of the plaintiff.
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Contract, to recover damages for delay in discharging certain cargoes of coal from vessels sent to the defendant’s coal wharf in Boston by the plaintiff, in November and December, 1893, to be discharged and shipped by the defendant in cars over its road to customers of the plaintiff. At the trial in the Superior Court, without a jury, before Hammond, J., it appeared in evidence that the coal was shipped from Norfolk to Boston by six different schooners, the plaintiff receiving bills of lading therefor ; that the practice was for the master of a vessel to present his bill of lading to the…
1Opinion of the CourtHolmes, J.
The defendant concedes that there was an implied agreement that the defendant would discharge the plaintiff’s vessels, and that by implication of law this agreement was to be performed within a reasonable time. The court are of opinion that such an agreement or a duty is shown as matter of law by the facts set forth in the bill of exceptions, although I cannot free my mind from hesitation in view of the opinion of the presiding judge that the plaintiff was at liberty to take its vessels elsewhere. We are of opinion further, that, the contract being established, there is nothing in the rest of…
2Cases cited1 opinion
- Merrimack Manufacturing Co. v. QuintardMassachusetts Supreme Judicial Court · 1871
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- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Iroquois Furnace Co. v. C. W. Elphicke & Co.Illinois Supreme Court · 1902
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