Legal Opinion

New York Central & Hudson River Railroad v. York & Whitney Co.

Massachusetts Supreme Judicial Court

Decided May 24, 1918PublishedCited by 21 opinions

Contract on an account annexed by a railroad corporation to recover balances, amounting in all to $652.36, alleged to be due for freight and refrigeration charges on certain carloads of cantaloupes, “pie plant” and peaches shippedininterstate commerce and consigned to the defendant at Boston. Writ dated May 16, 1914. The account annexed contained nine items.

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Contract on an account annexed by a railroad corporation to recover balances, amounting in all to $652.36, alleged to be due for freight and refrigeration charges on certain carloads of cantaloupes, “pie plant” and peaches shippedininterstate commerce and consigned to the defendant at Boston. Writ dated May 16, 1914. The account annexed contained nine items. The first item, dated August 31, 1911, was for freight and refrigeration charges on a carload of cantaloupes, $330.69, less paid on account $222.20, leaving a balance of $108.49. The second item,- dated September 1, 1911, was for similar…

1Opinion of the CourtRugg, C. J.

This case comes before us on a report, which states that it was tried before a jury on an “Agreed Statement of Facts,” which covers with its exhibits more than twenty printed pages. Several of its paragraphs begin with the statement that certain persons “will testify” as narrated. The report fur*213ther says that the defendant “introduced in evidence the original freight bills. . . . There was no further evidence offered by either side.” It follows that the case was tried upon the statement of agreed facts submitted as evidence, which, together with the other evidence, was the basis from which…

2Cases cited24 opinions

  1. Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
  2. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  3. Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
  4. Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
  5. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914

19 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. St. John Brothers Co. v. FalksonMassachusetts Supreme Judicial Court · 1921
  2. Boston & Albany Railroad v. CommonwealthMassachusetts Supreme Judicial Court · 1937
  3. Greany v. McCormickMassachusetts Supreme Judicial Court · 1930
  4. City of Cambridge v. Town of West SpringfieldMassachusetts Supreme Judicial Court · 1939
  5. Railway Express Agency, Inc. v. MichelsonMassachusetts Supreme Judicial Court · 1942

16 more not listed; retrieve them via the Exa API.

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