Green v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Contract against a common carrier to recover the value of an oil painting, the portrait of the plaintiff’s father. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The portrait was delivered by the plaintiff to the defendant at Lawrence, boxed in a rough board case, to be carried "with a large amount of household furniture over the defendant’s road, and other roads connecting with it, to Providence, Rhode Island.
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Contract against a common carrier to recover the value of an oil painting, the portrait of the plaintiff’s father. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The portrait was delivered by the plaintiff to the defendant at Lawrence, boxed in a rough board case, to be carried "with a large amount of household furniture over the defendant’s road, and other roads connecting with it, to Providence, Rhode Island. The plaintiff put in evidence the written contract of transportation with the defendant, dated September 17,1875, which…
1Opinion of the CourtMorton, J.
1. The bill of exceptions does not show any error in the admission in evidence of the plaintiff’s conversation with Bolfe. He was the freight agent of the defendant, who made the contract with the plaintiff, and was the person to whom the plaintiff might properly apply to account for the missing case. Statements made by him in the course of investigating the matter of the loss would be declarations within the scope of his agency, and admissible against the defendant. Lane v. Boston & Albany Railroad, 112 Mass. 455. The defendant contends that the statement made in the conversation, that “ we…
2Cases cited2 opinions
- Lane v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Packer v. Hinckley Locomotive WorksMassachusetts Supreme Judicial Court · 1877
3Cited by58 opinions
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- Brown v. Frontier Theatres, Inc.Texas Supreme Court · 1963
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Crisp v. Security National Insurance CompanyTexas Supreme Court · 1963
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