Blumantle v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Contract with a count in tort, against the defendant as a common carrier, for the value of a package of merchandise, not personal baggage, entrusted by the plaintiff, a pedler, to the defendant, to be transported over the defendant’s railroad from Boston tb Maynard.
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Contract with a count in tort, against the defendant as a common carrier, for the value of a package of merchandise, not personal baggage, entrusted by the plaintiff, a pedler, to the defendant, to be transported over the defendant’s railroad from Boston tb Maynard. At the trial in the Superior Court, before Colburn, J., the plaintiff offered evidence tending to show that, on May 17,1875, in the forenoon, he purchased a passenger ticket of the defendant in Boston for Maynard; that he delivered to the defendant’s baggage-master two bundles or packages, requesting that the same might he checked…
1Opinion of the CourtGray, C. J.
The ordinary contract made by a railroad corporation with a passenger, by the sale and purchase of a passenger ticket, is for the transportation of the passenger and of his reasonable personal baggage; and the corporation is liable as a common carrier for such personal baggage only, and not for merchandise delivered by the passenger as baggage, without-clear proof of an agreement to that effect. If merchandise, not disclosed, is included in the passenger’s baggage, the corporation is not responsible for it as a common carrier. Collins v. Boston & Maine Railroad, 10 Cush. 506. Stimson v.…
2Cases cited6 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Michigan Central Railroad v. CarrowIllinois Supreme Court · 1874
- Sloman v. . Great Western Railway Co.New York Court of Appeals · 1876
- Alling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1879
- Stimson v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Railway Co. v. BerrySupreme Court of Arkansas · 1895
- Trouser Co. v. RailroadSupreme Court of North Carolina · 1905
- Bergstrom v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1907
- Gurney v. Grand Trunk Railway Co. of CanadaNew York Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.