Fisher v. Boston & Maine Railroad
Supreme Judicial Court of Maine
On report. Judgment for plaintiff. Action on the case to recover the increased cost of transportation which the plaintiff was obliged to pay on three cars of potatoes shipped by him from Fort Fairfield, Maine, to Philadelphia, caused by the defendant forwarding the potatoes from Boston to Phiadelphia by a route other than that designated by the plaintiff.
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On report. Judgment for plaintiff. Action on the case to recover the increased cost of transportation which the plaintiff was obliged to pay on three cars of potatoes shipped by him from Fort Fairfield, Maine, to Philadelphia, caused by the defendant forwarding the potatoes from Boston to Phiadelphia by a route other than that designated by the plaintiff. In addition to the general issue, the defendant filed a brief statement alleging: “ 1st. That under clause two of the contract of shipment made by the plaintiff with the defendant through the Bangor & Aroostook R. R. Co., the initial carrier…
1Opinion of the CourtWiswell, C. J.
On March 1, 1902, the Bangor & Aroostook Railroad Company received of the plaintiff a carload of potatoes to be transported over its own and connecting lines and delivered to a consignee in Philadelphia; and on March 7, it received from the plaintiff two other carloads of potatoes, consigned to the same person in Philadelphia, for the same purpose. The route designated by the shipper for these three cars was by rail to Boston, and from Boston to Philadelphia by the Boston & Philadelphia Steamship Company, this designated route being plainly shown by this language in the bill of lading, or…
2Cases cited8 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Hooper v. Wells, Fargo & Co.California Supreme Court · 1864
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Goodrich v. . ThompsonNew York Court of Appeals · 1871
- Inman & Co. v. St. Louis Southwesten Railway Co.Court of Appeals of Texas · 1896
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- Solum v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1916
- Brennan Packing Co. v. MellonAppellate Court of Illinois · 1929