Cote v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract or tort against a carrier for damage to goods. Writ in the Third District Court of Bristol, dated May 22,1901. On appeal to the Superior Court the case was heard upon an agreed statement of facts by Braley, J., who made the following finding and ruling: “At the argument of this case upon the agreed facts, the counsel for the defendant asked me to rule, that the claim of the plaintiff being for goods carried as freight, the case of Moore v. New York, New Haven, “ I…
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Contract or tort against a carrier for damage to goods. Writ in the Third District Court of Bristol, dated May 22,1901. On appeal to the Superior Court the case was heard upon an agreed statement of facts by Braley, J., who made the following finding and ruling: “At the argument of this case upon the agreed facts, the counsel for the defendant asked me to rule, that the claim of the plaintiff being for goods carried as freight, the case of Moore v. New York, New Haven, “ I rule that said case is the law governing this case and that there is no distinction between goods lost when carried as…
1Opinion of the CourtHolmes, C. J.
This is an action for damage to freight delivered by the plaintiff to the Boston and Maine Railroad at Lawrence to he carried to New Bedford, and delivered by that road to the defendant for the latter to complete the transportation. The freight was in a sealed car, and it does not appear by which road the damage was done. The case was submitted to the Superior Court on agreed facts with power to draw inferences, and that court ordered judgment for the plaintiff. The *291defendant appealed, rather in the hope that this court might discover some distinction between freight and passenger’s baggage…
2Cases cited1 opinion
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
3Cited by11 opinions
- Chicago & Northwestern Railway Co. v. C. C. Whitnack Produce Co.Supreme Court of the United States · 1922
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Northern Industrial Chemical Co. v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1924
- Wray, Moore & Co. v. American Ry. Ex. Co.Superior Court of Pennsylvania · 1921
- Goodman v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1936
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