Kimball v. American Express Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury. Transferred from the September term, 1910, of the superior court by Chamberlin, J., on the plaintiffs’ exception to an order of nonsuit. December 8, 1908, the plaintiffs entered into a contract with the defendants for the shipment of twenty-eight horses from Indianapolis, Indiana, to Woodsville, New Hampshire.
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Case, for negligence. Trial by jury. Transferred from the September term, 1910, of the superior court by Chamberlin, J., on the plaintiffs’ exception to an order of nonsuit. December 8, 1908, the plaintiffs entered into a contract with the defendants for the shipment of twenty-eight horses from Indianapolis, Indiana, to Woodsville, New Hampshire. The contract,, which was executed in Indiana, provided that the defendants should not be liable as common carriers and that their liability for injuries, to any one animal arising from their negligence or that of their servants should not exceed $75.…
1Opinion of the CourtYoung, J.
It is unnecessary to consider whether the defendants were under any legal obligation to care for the horses while the car was being repaired. By assuming the care of them, it became their duty to do what the ordinary man would have done in that situation, and it is no answer to this action to show that their undertaking was. voluntary. Edwards v. Lamb, 69 N. H. 599. Rear-don's knowledge in respect to the care given the horses was not the knowledge of the plaintiffs, for he was not their servant, but an. independent contractor.
The contract was made, and the act of which the plaintiffs complain…
2Cases cited2 opinions
- Lake Erie & Western Railroad v. HollandIndiana Supreme Court · 1903
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HollowellIndiana Supreme Court · 1909
3Cited by2 opinions
- Hansen v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1917
- Terrell v. PayneSupreme Court of New Hampshire · 1923