Fox v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Contract to recover damages for the loss of a • car-load of apples, with a count in tort alleged to be for the same cause of action. At the trial in the Superior Court, before Blodgett, J., a verdict was returned for the defendant, and the plaintiff alleged exceptions to a ruling of the presiding judge, which ruling, together with the material facts, appears in the opinion.
1Opinion of the CourtMorton, C. J.
The plaintiff offered to prove that on Febru: arv 22,1881, he made a special contract with the defendant, by the terms of which it was to transport a car-load of apples from Haverhill to Portland, and deliver it to the Maine Central Railroad, a connecting railroad, in time to be transported by the latter corporation to Bangor by a freight train which left Portland early in the morning of February 23; that the weather was mild on the 22d and 23d days of February, and that “ the agreement with the defendant was made with reference to the mildness of the weather, and the importance of having the…
2Cases cited3 opinions
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Scott v. Boston & New Orleans Steamship Co.Massachusetts Supreme Judicial Court · 1871
3Cited by22 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Okin v. SullivanMassachusetts Supreme Judicial Court · 1940
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
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