Swift River Co. v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, in two counts, to recover damages for the defendant’s failure to deliver at Enfield in this Commonwealth with reasonable despatch two steel boilers and fittings and castings, which were shipped to the plaintiff from Fitchburg over the defendant’s railroad. Trial in the Superior Court, without a jury, before Wardwell, J., who allowed a bill of exceptions, in substance as follows.
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Tort, in two counts, to recover damages for the defendant’s failure to deliver at Enfield in this Commonwealth with reasonable despatch two steel boilers and fittings and castings, which were shipped to the plaintiff from Fitchburg over the defendant’s railroad. Trial in the Superior Court, without a jury, before Wardwell, J., who allowed a bill of exceptions, in substance as follows. It appeared that the goods were shipped on August 3 and should have been at Enfield on August 5 ; that they were sent by mistake on the defendant’s part to Enfield, New Hampshire, and in consequence were not…
1Opinion of the CourtMorton, J.
There are two counts in the declaration, one for negligently failing to carry with reasonable despatch, and the other in trover, and both being for the same cause of action. The goods were shipped on August 3, and should have been at Enfield on August 5. They were sent by mistake on the defendant’s part to Enfield, New Hampshire, and in consequence were not received by the plaintiff till August 13. The defendant admits that the delay was caused by its negligence, and the only question is one of damages.
We doubt whether under the circumstances trover will lie. Robinson v. Austin, 2 Gray, 564.…
2Cases cited5 opinions
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Brook v. GaleSupreme Court of Florida · 1874
- Cooper v. YoungSupreme Court of Georgia · 1857
- Johnson v. MathewsSupreme Court of Kansas · 1869
3Cited by18 opinions
- C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Boylston Housing Corp. v. O'TooleMassachusetts Supreme Judicial Court · 1947
- Okin v. SullivanMassachusetts Supreme Judicial Court · 1940
- Chapman v. . FargoNew York Court of Appeals · 1918
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
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