Voghel v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Replevin for four carloads of hay contained in cars taken on the replevin writ from the possession of the defendant at its freight yard in New Bedford, the hay having been shipped to New Bedford from Saint Cyrille in the Province of Quebec in the Dominion of Canada. Writ in the Third District Court of Bristol dated August 24, 1911. On appeal to the Superior Court the case was tried before Dubuque, J. The evidence is described in the opinion.
Read the full summary
Replevin for four carloads of hay contained in cars taken on the replevin writ from the possession of the defendant at its freight yard in New Bedford, the hay having been shipped to New Bedford from Saint Cyrille in the Province of Quebec in the Dominion of Canada. Writ in the Third District Court of Bristol dated August 24, 1911. On appeal to the Superior Court the case was tried before Dubuque, J. The evidence is described in the opinion. At the close of the evidence the defendant asked the judge to make the following five rulings, besides others that have become immaterial: "1. On all the…
1Opinion of the CourtSheldon, J.
When these cars loaded with hay were received by the defendant at New Bedford, and before and after that time, the only shipping documents that came into the defendant’s possession were the way bills which had been transmitted with the hay from the preceding carriers to the defendant. The defendant was bound to comply with the directions contained in these way bills unless by some agreement or by some act or conduct of its own it had waived the benefit of those provisions or bound itself to do something at variance with those directions. *167Saxon Mills v. New York, New Haven, & Hartford…
2Cases cited3 opinions
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Roland M. Baker Co. v. BrownMassachusetts Supreme Judicial Court · 1913
3Cited by2 opinions
- The FerncliffDistrict Court, D. Maryland · 1938
- Keystone Grape Co. v. HustisMassachusetts Supreme Judicial Court · 1919