Finn v. Western Railroad
Massachusetts Supreme Judicial Court
Contract against the defendants, as common carriers, for their failure to forward and deliver shingles to Joseph S. Clark, at Westfield. Writ dated June 28, 1867. The declaration alleged the delivery to the defendants, their neglect to forward, and the destruction of the shingles while in their hands.
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Contract against the defendants, as common carriers, for their failure to forward and deliver shingles to Joseph S. Clark, at Westfield. Writ dated June 28, 1867. The declaration alleged the delivery to the defendants, their neglect to forward, and the destruction of the shingles while in their hands. At the trial in the superior court, before Rockwell, J., it appeared that the shingles were shipped by the plaintiff at Olean, in New York, on a canal boat, in accordance with an order from Clark, on May 13,1861, and on the same day the plaintiff wrote to Clark from Olean, informing him of-the…
1Opinion of the Court
Wells, J.*
It is contended that, if the goods were shown to have been properly delivered to the defendant, so as to create the liability of a common carrier, they thereby became the property of Clark, the consignee; and so it would result that the action cannot be maintained by Finn. This seems to have been the point upon which the case of Finn v. Clark, 10 Allen, 479; S. C. 12 Allen, 522, was decided. That case settled the fact that, as between Clark and Finn, the title to the property remained in Finn. But the defendant was not a party to that suit, and cannot set it up in this action as an…
2Cited by5 opinions
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
- Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933
- Union Freight Railroad v. WinkleyMassachusetts Supreme Judicial Court · 1893
- Aristo Hosiery Co. v. Atlantic Coast LaneCity of New York Municipal Court · 1926
- United States v. CarpenterSuperior Court of Delaware · 1905