Welch v. Boston & Albany Railroad
Supreme Court of Connecticut
Case, against the defendants as common carriers, for an injury to a horse carried by them; brought to the District Court of tlie County of Litchfield, and tried to the jury, on the general issue, with notice, before Hitchcock, J. On the trial it was proved that the plaintiff at Whitesboro, in the state of New York, delivered the horse to the New York Central Railroad Company for transportation, with a card attached to his halter, marked “Dr. William W. Welch, care of Dr.…
Read the full summary
Case, against the defendants as common carriers, for an injury to a horse carried by them; brought to the District Court of tlie County of Litchfield, and tried to the jury, on the general issue, with notice, before Hitchcock, J. On the trial it was proved that the plaintiff at Whitesboro, in the state of New York, delivered the horse to the New York Central Railroad Company for transportation, with a card attached to his halter, marked “Dr. William W. Welch, care of Dr. Stillman, Millerton, N. Y.” The railroad company received the horse and signed a bill of lading for him. The plaintiff at…
1Opinion of the CourtPoster, J.
The controlling legal question, and the only important one in this case, is, what were the liabilities incurred on the part of these defendants, to this plaintiff, in the transportation of this horse ? Were those liabilities such as are attached to common carriers by the common law, or were they such only as were created by special contract entered into between the parties ?
The plaintiff, for certain reasons assigned by him, prayed the court to lay the special contract, set up by the defendants, out of the case; the defendants insisted that the same was a good and valid agreement between the…
2Cited by10 opinions
- National Broadcasting Co. v. RoseSupreme Court of Connecticut · 1965
- Malone v. SantoraSupreme Court of Connecticut · 1949
- Mears v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1902
- Comind, Companhia De Seguros v. Sikorsky Aircraft Division of United Technologies Corp.District Court, D. Connecticut · 1987
- Hartmann v. Black & Decker Manufacturing Co.Connecticut Appellate Court · 1988
5 more not listed; retrieve them via the Exa API.