Hall v. Carney
Massachusetts Supreme Judicial Court
Tort for the conversion of a railroad car. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows: The car in question was, at the time of the alleged conversion, owned by the Grafton Centre Railroad Company, and was then, and for a long time previously had been, part of the rolling stock of that company in actual use on its track, and has ever since remained there.
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Tort for the conversion of a railroad car. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows: The car in question was, at the time of the alleged conversion, owned by the Grafton Centre Railroad Company, and was then, and for a long time previously had been, part of the rolling stock of that company in actual use on its track, and has ever since remained there. The railroad is located entirely within the limits of the town of Grafton in this Commonwealth, is of narrow gouge, and the rolling stock cannot be run on the…
1Opinion of the Court
By the Court.
Railroad cars are, for the purposes of attachment, personal property. Our statutes clearly treat them as such, and provide a special mode of attaching them. Pub. *133Sts. e. 161, §§ 38, 39. In the case at bar, the attachment by the plaintiff was made in exact compliance with the Pub. Sts. c. 161, § 69; and the Superior Court rightly ruled that it was a valid attachment.
Exceptions overruled.
Memorandum.
On the thirteenth day of October, 1885, the Honorable William Sewall Gardner, one of the Justices of the Superior Court, was appointed a Justice of this Court, in place of Mr. Justice…
2Cited by5 opinions
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- Quarles v. Citizens' Nat. Bank of SalmonCourt of Appeals for the Ninth Circuit · 1929
- McLearn v. StevensMassachusetts Supreme Judicial Court · 1947