Mills v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract or tort, against the New York, New Haven, and Hartford Railroad Company, for the value of certain looms purchased by the plaintiff of the Draper Company, “f. o. b. on the cars at Hopedale,” delivered by the Draper Company under shipping directions of the plaintiff to the Grafton and Upton Railroad Company at Hopedale with orders to ship “via Pennsylvania Railroad c/o Eastern & Southern Despatch via Alexandria, Va. and Southern Railway,” and delivered by the Grafton…
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Contract or tort, against the New York, New Haven, and Hartford Railroad Company, for the value of certain looms purchased by the plaintiff of the Draper Company, “f. o. b. on the cars at Hopedale,” delivered by the Draper Company under shipping directions of the plaintiff to the Grafton and Upton Railroad Company at Hopedale with orders to ship “via Pennsylvania Railroad c/o Eastern & Southern Despatch via Alexandria, Va. and Southern Railway,” and delivered by the Grafton and Upton Railroad to the defendant as an intermediate carrier with the same orders, which an employee of the defendant…
1Opinion of the CourtSheldon, J.
In the first one of these two cases, which were tried together in the Superior Court and have been argued together before us, it appeared that the defendant company received the two cars containing these goods at its Milford station from the Grafton and Upton Railroad Company. The defendant had then no contract with the plaintiff or with the Draper Company, the consignor; it had not issued, and apparently never undertook to issue, any bill of lading for them; nor did it enter or attempt to enter into any express or written contract for their transportation. But it received the cars without…
2Cases cited44 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
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3Cited by15 opinions
- Lichten v. Eastern Airlines, IncCourt of Appeals for the Second Circuit · 1951
- Rubin v. HuhnMassachusetts Supreme Judicial Court · 1918
- Sidney Blumenthal & Co. v. United StatesCourt of Appeals for the Second Circuit · 1929
- O. K. Transfer & Storage Co. v. NeillSupreme Court of Oklahoma · 1916
- New York Central Railroad v. FreedmanMassachusetts Supreme Judicial Court · 1921
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