Legal Opinion

Grace v. Adams

Massachusetts Supreme Judicial Court

Decided November 15, 1868PublishedCited by 96 opinions

Contract, against the defendants, who carried on business under the name "of the Adams Express Company, to recover the value of a package of money. In the superior court, judgment was ordered for the plaintiff on agreed facts, and the defendants appealed.

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Contract, against the defendants, who carried on business under the name "of the Adams Express Company, to recover the value of a package of money. In the superior court, judgment was ordered for the plaintiff on agreed facts, and the defendants appealed. The agreed facts were as follows : “ It is agreed that the plaintiff delivered to the Adams Express Company, as common carriers, at Wilmington, in the State of North Carolina, March 21,1865, a package containing one hundred and fifty dollars, directed to Patrick Corbett, Taunton, Massachusetts, and the said Express Company at the same time…

1Opinion of the CourtColt, J.

It is to be received as now settled by the current and weight of authority, that a common carrier may, by special contract, avoid or limit his liability at common law as an insurer of property intrusted to him against loss or damage by fire, occurring without fault on his part. It is not necessary to discuss here, how far in this or other respects he may escape those liabilities which the policy of the law imposes, by mere notices brought home to the employer, or whether the effect of such notices may not be held to vary according as it is attempted to avoid those extraordinary…

2Cases cited3 opinions

  1. Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
  2. Buckland v. Adams Express Co.Massachusetts Supreme Judicial Court · 1867
  3. Perry v. ThompsonMassachusetts Supreme Judicial Court · 1867

3Cited by96 opinions

  1. Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
  2. Miller v. CotterMassachusetts Supreme Judicial Court · 2007
  3. W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
  4. Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
  5. Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891

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