Boston & Maine Railroad v. Ordway
Massachusetts Supreme Judicial Court
Writ of review to reverse a judgment recovered by the defendants in review against the plaintiff in review. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows : The defendants in review, shoe manufacturers in Haverhill, in 1876, caused to be shipped from Philadelphia a packing-case containing a show-case which had been used by them to exhibit boots and shoes at the Exposition.
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Writ of review to reverse a judgment recovered by the defendants in review against the plaintiff in review. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows : The defendants in review, shoe manufacturers in Haverhill, in 1876, caused to be shipped from Philadelphia a packing-case containing a show-case which had been used by them to exhibit boots and shoes at the Exposition. This case was directed to themselves at Haverhill. The show-case was constructed largely of glass, with black-walnut sashes, and when packed it was…
1Opinion of the CourtHolmes, J.
1. Evidence that Flanders made certain admissions tending to establish the company’s liability was not made competent by the fact that he was the company’s freight agent, without more. A freight agent cannot affect his principal by admissions merely as such. In the cases cited for the defendant in review, the admissions were statements made when delivery of the goods was applied for; Lane v. Boston & Albany Railroad, 112 Mass. 455; or when information was sought from the person designated by the general representative of the principal; Gott v. Dinsmore, 111 Mass. 45; or in some other similar…
2Cases cited5 opinions
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Lane v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Gott v. DinsmoreMassachusetts Supreme Judicial Court · 1872
- Pratt v. Ogdensburg & Lake Champlain RailroadMassachusetts Supreme Judicial Court · 1869
3Cited by15 opinions
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. ClosserIndiana Supreme Court · 1890
- Briggs v. John Yeon Co., Inc.Oregon Supreme Court · 1941
- Foley v. Hotel Touraine Co.Massachusetts Supreme Judicial Court · 1951
- Bachant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Spinney's Administratrix v. HookerSupreme Court of Vermont · 1917
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