Stone v. Waitt
Supreme Judicial Court of Maine
Assumpsit for a quantity of hay. It was agreed that twenty-three tons of hay were shipped for Boston on board a schooner, whereof the defendant was master, in June, 1848, and consigned or entrusted to the defendant, as master of said vessel, for sale. The hay was laden on deck, by agreement of parties ; and it arrived at Boston on Thursday night, in good order and condition and well covered.
Read the full summary
Assumpsit for a quantity of hay. It was agreed that twenty-three tons of hay were shipped for Boston on board a schooner, whereof the defendant was master, in June, 1848, and consigned or entrusted to the defendant, as master of said vessel, for sale. The hay was laden on deck, by agreement of parties ; and it arrived at Boston on Thursday night, in good order and condition and well covered. The defendant on Friday morning, and during that day, made efforts to sell it, without effect; he had one offer, at ten dollars per ton, on six months, which was refused, he not knowing the responsibility…
1Opinion of the Court
Tenney. J.
The risk of a common carrier terminates as soon as the goods have arrived at their place of destination, and are deposited there, and no further duty remains to be done under the contract to carry them. Story on Bailments, § 538. If the owner of the goods, by the contract with the carrier waive any of his rights touching the delivery, so far as the waiver extends, the carrier will be relieved of his liability. This is the law, notwithstanding any custom to the contrary. If a man has no warehouse of his own, and directs *412the carrier to leave the goods at the wagon office, till he…
2Cases cited2 opinions
- Williams v. NicholsNew York Supreme Court · 1834
- Lawler v. KeaquickNew York Supreme Court · 1799
3Cited by3 opinions
- Bianchi v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1918
- The New HampshireDistrict Court, E.D. Michigan · 1880
- Brooks v. Pennsylvania R. CoCourt of Appeals for the Second Circuit · 1951