Lewis v. Smith
Massachusetts Supreme Judicial Court
Contract. The declaration alleged “ that the defendant was the licensed proprietor, manager and conductor of a ferry boat, plying across the Connecticut River between the bank of said river in Northampton and the opposite bank in South Hadley, at a place commonly known as Smith’s Ferry; that the defendant, as such proprietor, manager and conductor of said ferry boat, and as a common carrier of passengers and teams on said boat across said river, for a compensation agreed to…
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Contract. The declaration alleged “ that the defendant was the licensed proprietor, manager and conductor of a ferry boat, plying across the Connecticut River between the bank of said river in Northampton and the opposite bank in South Hadley, at a place commonly known as Smith’s Ferry; that the defendant, as such proprietor, manager and conductor of said ferry boat, and as a common carrier of passengers and teams on said boat across said river, for a compensation agreed to be paid by the plaintiff to the defendant, undertook to carry safely and securely across said river the plaintiff’s…
1Opinion of the CourtChapman, C. J.
This is an action for breach of a contract of the defendant, who was a licensed ferryman, to transport a pair of mules across the Connecticut River on his boat. The case is reported upon three questions that were raised at the trial.
1. The judge excluded evidence, offered by the defendant, that for thirty years previously to the accident in question such a boat as this had been in use at this ferry, transporting some twenty teams a day, and no accident had ever before happened; and it was excluded as immaterial. It is apparent that the question in issue in this case was whether the defendant…
2Cited by25 opinions
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- Lane v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Gilmer v. City of AtlantaSupreme Court of Georgia · 1886
- Wilson v. AlexanderTennessee Supreme Court · 1905
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