Washburn Crosby Co. v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Contract on bills of lading, with a count alleged to be in tort for the same cause of action, for the value of certain flour unloaded from cars of the defendant and destroyed by fire on its wharf at that part of Boston called East Boston.
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Contract on bills of lading, with a count alleged to be in tort for the same cause of action, for the value of certain flour unloaded from cars of the defendant and destroyed by fire on its wharf at that part of Boston called East Boston. Writ dated October 14, 1896. At the trial in the Superior Court, Graskill, J. made certain rulings, which aré stated by the court, and proposed to leave the case to the jury upon those instructions, whereupon the plaintiff’s counsel consented that the jury might return a verdict for the defendant, the judge saving the plaintiff’s exceptions to the rulings.…
1Opinion of the CourtHolmes, C. J.
This is a suit to recover the value of certain flour shipped by the plaintiff at Minneapolis, consigned to third parties at London, and destroyed by fire at East Boston. There are two counts, the first seeking to hold the defendant as a common carrier on through bills of lading issued by the Western Transit Company and binding the defendant among others, the second, treated by the parties as a count in tort, seeking to hold the defendant for negligence as a warehouseman. At the trial the judge ruled that the plaintiff could not recover upon the second count. As to the first he ruled that if…
2Cases cited15 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Gibson v. StevensSupreme Court of the United States · 1850
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- The ThamesSupreme Court of the United States · 1872
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Galveston Wharf Co. v. Galveston, Harrisburg & San Antonio Railway Co.Supreme Court of the United States · 1932
- Palmer v. Agwilines, Inc.Court of Appeals for the Second Circuit · 1943
- Rice & Lockwood Lumber Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1941
- Hill v. City of WaterburySupreme Court of Connecticut · 1911
- Farnsworth-Evans Co. v. Chicago, M. & G. R.Tennessee Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.