Washburn & Moen Manufacturing Co. v. Providence & Worcester Railroad
Massachusetts Supreme Judicial Court
Contract, with a count in tort, against the defendants as common carriers, to recover damages for the partial loss by fire of 122 barrels and 2 boxes containing 29,890 pounds of wire.
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Contract, with a count in tort, against the defendants as common carriers, to recover damages for the partial loss by fire of 122 barrels and 2 boxes containing 29,890 pounds of wire. At the trial in this court, before Ames, J., it appeared that the plaintiffs, a manufacturing corporation in the city of Worcester, sent the wire to the defendants’ freight station in Worcester, May 23, 1868, and stated that it was to be transported to New York; that the wire was delivered to the defendants’ freight agent, who gave the plaintiffs a receipt therefor, as follows : “ Worcester, May 23, 1868.…
1Opinion of the CourtAmes, J.
The case finds that the goods were delivered to the defendants’ agent at Worcester, for transportation to New York, and that the defendants have received the freight money for the entire distance. All parties knew that the defendants’ railroad terminated at the city of Providence, and that the conveyance from that point to New York was to be by a steamboat belonging to another company. The plaintiffs had no direct communication with the steamboat company, but they understood that the freight money was to be divided between the two» companies, although they had no knowledge what the share of…
2Cases cited2 opinions
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Hill Manufacturing Co. v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Aigen v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Taylor v. Maine Central RailroadSupreme Judicial Court of Maine · 1895