Pemberton Co. v. New York Central Railroad
Massachusetts Supreme Judicial Court
Contract, with counts in tort, against the defendants'as common carriers, to recover the value of some bales of cotton which they had received and agreed to transport for hire over their railroad in the state of New York. No question was made as to the form of the declaration.
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Contract, with counts in tort, against the defendants'as common carriers, to recover the value of some bales of cotton which they had received and agreed to transport for hire over their railroad in the state of New York. No question was made as to the form of the declaration. The answer admitted the receipt of the goods, but denied the defendants’ liability; and alleged that the goods were lost and destroyed by fire, and not through any negligence of the defendants, and that they received and undertook to .transport the goods solely under a written contract, which they alleged to have been…
1Opinion of the CourtMorton, J.
The principles of law upon which the rights of the parties in this case depend have been fully discussed in several recent cases in this Commonwealth. Grace v. Adams, 100 Mass. 505. Squire v. New York Central Railroad Co. 98 Mass. 239. Perry v. Thompson, Ib. 249. Judson v. Western Railroad *151Co. 6 Allen, 486. These cases conclusively settle that a common carrier may by a special contract, limit his common law liability, so as not to be responsible for a loss or damage by fire occurring without negligence on his part.
We are of opinion that the case at bar falls within this principle. It appears…
2Cases cited2 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Louisville & Nashville Railroad v. FulghamSupreme Court of Alabama · 1890
- Louisville, Evansville & St. Louis Railroad v. WilsonIndiana Supreme Court · 1889
- Richmond & Danville Railroad v. ShomoSupreme Court of Georgia · 1892
- Singer v. Merchants Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1906
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