Alling v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Contract, with counts in tort, to recover the value of a trunk and a quantity of jewelry therein contained, delivered to the defendant, to be carried from Worcester to Hartford.
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Contract, with counts in tort, to recover the value of a trunk and a quantity of jewelry therein contained, delivered to the defendant, to be carried from Worcester to Hartford. Trial in this court, before JEndicott, J., who reported the case for the consideration of the full court, in substance as follows: The defendant owns and operates a railroad which extends from Boston to Worcester and thence to Springfield, and at Springfield connects with a railroad which extends to Hartford and thence to New York. The defendant is accustomed to sell tickets and check baggage for passenger trains over…
1Opinion of the CourtMorton, J.
This case cannot be distinguished from Stimson v. Connecticut River Railroad, 98 Mass. 83. The only contract which the defendant had entered into in relation to the property which is the subject of this suit, was a contract with Kerr, the plaintiffs’ agent. This was a personal contract with Kerr for the safe transportation of himself and his personal baggage over the railroad. There was no evidence whatever of any contract by which the defendant agreed to receive and transport Kerr’s trunk as merchandise.
Upon the contract implied by the sale of a ticket to Kerr, the plaintiffs can maintain no…
2Cases cited2 opinions
- Dunlap v. International Steamboat Co.Massachusetts Supreme Judicial Court · 1867
- Stimson v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1867
3Cited by17 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Blumantle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1879
- Hillis v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887
- Railway Co. v. BerrySupreme Court of Arkansas · 1895
- Southern Kansas Railway Co. v. ClarkSupreme Court of Kansas · 1893
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