Boott Mills v. Boston & Maine Railroad

This is an action in tort or contract which comes before us on report from a judge of the Superior Court,* who overruled the defendant’s demurrer to the plaintiff’s declaration.

The first count in the declaration alleges in substance that the defendant, a railroad corporation, negligently delivered a loaded coal car owned by it to the plaintiff, a cotton manufacturer, *583knowing that the plaintiff in the ordinary course of its business would move the car by horses on tracks upon its premises, there unload and return it to the defendant; that the car was in a defective condition, whereby, while…