Swetland v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Contract to recover damages for the injury of a lot of apples by freezing while being transported by the defendants on theirailroad.
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Contract to recover damages for the injury of a lot of apples by freezing while being transported by the defendants on theirailroad. At the trial in the superior court, before Tose, J., there was evidence that one hundred and forty barrels of apples, belonging to the plaintiffs, were sent by them over the New York Central Railroad, from Canandaigua, in New York, on the night of Friday, December 6, 1867, “ in an ordinary, covered freight car, which was in good condition,” to Albany in the same state, where they arrived on Saturday, December 7, at an hour sufficiently early to enable the car to…
1Opinion of the CourtChapman, C. J.
The jury were instructed that, while the conductor should have used every reasonable effort for all freight, yet, if it was known to him that some of the freight was liable to freezing, and if he could only take a portion of the train, and he was so situated that he could carry that portion of the train he chose, he was bound, in the exercise of a reasonable judgment, to select that to carry which contained goods liable to injury by freezing,.rather than that of which, in this respect, he knew nothing.
We think the court cannot say that the conductor, or the railroad company as- his principal,…
2Cases cited1 opinion
- Parsons v. HardyNew York Supreme Court · 1835
3Cited by21 opinions
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Glassman v. Chicago, Rock Island & Pacific RailwaySupreme Court of Iowa · 1914
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- W. H. Blodget Co. v. New York Central RailroadMassachusetts Supreme Judicial Court · 1927
- Gillespie v. St. Louis, Kansas City, & Northern Railway Co.Missouri Court of Appeals · 1879
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