Winslow v. Vermont & Massachusetts Railroad
Supreme Court of Vermont
Assumpsit against the defendants as common carriers, heard on the following agreed statement of facts : “ On the 28d day of February, 1867, the plaintiffs were engaged in the rag and paper stock business at Brattleboro, Vermont, and one John Collins then was, and for some time previous thereto, had been in their employment in that business.
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Assumpsit against the defendants as common carriers, heard on the following agreed statement of facts : “ On the 28d day of February, 1867, the plaintiffs were engaged in the rag and paper stock business at Brattleboro, Vermont, and one John Collins then was, and for some time previous thereto, had been in their employment in that business. On that day the plaintiff's had on hand and for sale the twentj^-one sacks of rags mentioned in their declaration, and of the value of $471.10. 'This fact was known to said Collins, who suggested to the plaintiffs that he was acquainted with a man in…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
I. The defendants claim that this action should have been brought against them as warehousemen, and not as carriers. This objection need not be considered unless from the facts it appears that the responsibility of the defendants as carriers had ceased and the new relation of warehousemen had been ássumed before the time of the loss of the goods by the alleged mis-delivery. If the loss of the goods occurred while the defendants stood in respect to them under the responsibility of carriers, the action can clearly be sustained against them as…
2Cases cited1 opinion
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
3Cited by15 opinions
- Samuel v. CheneyMassachusetts Supreme Judicial Court · 1883
- Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Houston & Texas Central R. W. Co. v. AdamsTexas Supreme Court · 1878
- Joslyn v. Grand Trunk Railway Co.Supreme Court of Vermont · 1878
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