Miller v. Mansfield
Massachusetts Supreme Judicial Court
Tort for the conversion of 100 barrels of flour. A jury trial was had in the District Court of Southern Berkshire, where, after a verdict for the plaintiff, the defendant’s exceptions were allowed, from which it appeared that the plaintiff offered evidence tending to show that the defendant was the agent of the Housatonic Railroad Company; that the plaintiff was the owner of a bakery in the village of Great Barrington ; that he purchased at Albany and had consigned to him at…
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Tort for the conversion of 100 barrels of flour. A jury trial was had in the District Court of Southern Berkshire, where, after a verdict for the plaintiff, the defendant’s exceptions were allowed, from which it appeared that the plaintiff offered evidence tending to show that the defendant was the agent of the Housatonic Railroad Company; that the plaintiff was the owner of a bakery in the village of Great Barrington ; that he purchased at Albany and had consigned to him at Great Barrington a car load of flour ; that the flour arrived in a car at Great Barrington upon the Housatonic…
1Opinion of the CourtMorton, J.
For the purposes of this hearing, all the facts which the defendant offered to show are to be taken as established. We must assume, therefore, that there was an existing regulation and usage of the Housatonic Railroad Company that car loads of freight like that of the plaintiff’s should be unloaded *263by the consignee within twenty-four hours after notice to him of their arrival; that for delay in unloading, after twenty-four hours, the consignee should pay two dollars a day for each car belonging to other railroad companies, and that this regulation and usage was known to the plaintiff.
Being…
2Cited by25 opinions
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Schumacher v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1904
- Rice v. HartMassachusetts Supreme Judicial Court · 1875
- Kentucky Wagon Manufacturing Co. v. Ohio & Mississippi Railway Co.Court of Appeals of Kentucky · 1895
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