Johnson v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract or tort, against the New York, New Haven, and Hartford Railroad Company and the Boston and Maine Railroad, for the loss of five cases of household goods shipped by the plaintiff from Mansfield to Newburyport.
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Contract or tort, against the New York, New Haven, and Hartford Railroad Company and the Boston and Maine Railroad, for the loss of five cases of household goods shipped by the plaintiff from Mansfield to Newburyport. Writ in the Municipal Court of the City of Boston dated October 1, 1912. In the Municipal Court the case was tried before Murray, J. The facts as stated in his report were as follows: The plaintiff hired a teamster named Paledino, who was practically an illiterate person, although able to speak English sufficiently well to testify in English, to take the plaintiff’s household…
1Opinion of the CourtDe Courcy, J.
A reasonable agreement limiting the amount
recoverable in case of loss or damage to a specified value, and made for the purpose of obtaining the lower of two rates proportioned to the extent of the risk, is valid and binding on both shipper and carrier. Graves v. Lake Shore & Michigan Southern Railroad, 137 Mass. 33. Bernard v. Adams Express Co. 205 Mass. 254. NeEngland News Co. v. Metropolitan Steamship Co. 215 Mass. 252. Adams Express Co. v. Croninger, 226 U. S. 491. Such an agreement was embodied in the bills of lading in this case.
Among the facts stated in the report of the Municipal Court…
2Cases cited9 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Graves v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1884
- Bernard v. Adams Express Co.Massachusetts Supreme Judicial Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Costonis v. Medford Housing AuthorityMassachusetts Supreme Judicial Court · 1961
- The Binkley Company v. Eastern Tank, Inc.Court of Appeals for the First Circuit · 1987
- Kergald v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1953
- Gateway Company, Inc., and Third Party v. Charlotte Theatres, Inc.Court of Appeals for the First Circuit · 1961
- D'ALOISIO v. Morton's Inc.Massachusetts Supreme Judicial Court · 1961
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