First National Stores, Inc. v. H. P. Welch Co.

The plaintiff seeks to recover in an action of contract or tort, from the defendant, a Massachusetts corporation, as a carrier, for the loss of goods in its possession resulting from a fire.

The defendant, at the time the loss occurred, was the holder of a certificate as a common carrier and of a permit as a contract carrier issued by the Interstate Commerce Commission. The defendant was also the holder of a certificate as a common carrier issued by the Massachusetts Department of Public Utilities. Prior to 1938 it was the holder of a permit to operate as a contract carrier in Massachusetts.…