Squire v. New York Central Railroad
Massachusetts Supreme Judicial Court
Contract by John P. Squire and two others, copartners under the firm of John P. Squire & Co., for the value of forty hogs smothered by crowding and fumes of manure while being carried by the defendants in their cars from Suspension Bridge to Albany in New York.
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Contract by John P. Squire and two others, copartners under the firm of John P. Squire & Co., for the value of forty hogs smothered by crowding and fumes of manure while being carried by the defendants in their cars from Suspension Bridge to Albany in New York. The answer denied negligence of the defendants, and alleged negligence of the plaintiffs as the cause of the injury and that the hogs were at the time of their death being carried under the following special contract, (indorsed “ stock release on the back thereof,) whereby the defendants were exempt from liability for injury resulting…
1Opinion of the CourtGray, J.
The law is now well settled that, in the absence of any statute upon the subject, common carriers may by specia. contract limit their liability, at least against all risks but their *245own negligence or misconduct. New Jersey Steam, Navigation Co. v. Merchants' Bank, 6 How. 382, 383. York Co. v. Central Railroad Co. 3 Wallace, 107. Peek v. North Staffordshire Railway Co. 10 H. L. Cas. 493, 494. Peninsular & Oriental Steam Navigation Co. v. Shand, 3 Moore P. C. (N. S.) 293, 294. Judson v. Western Railroad Co. 6 Allen, 489, 490. Ellis v. American Telegraph Co. 13 Allen, 234.
The special contract on…
2Cases cited4 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
3Cited by65 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Railway Co. v. WynnTennessee Supreme Court · 1890
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