Dunlap v. International Steamboat Co.
Massachusetts Supreme Judicial Court
Tort for the value of a valise and its contents lost from the custody of the defendants as common carriers. These actions were tried together in the superior court, before Ames, J., when the material facts appeared substantially as follows: The defendants were a corporation running a line of steamboats between St. Johns in New Brunswick and Boston, by way of Eastport. Early in the morning of May 31,1865, the plaintiffs took passage on one of their boats at St. Johns.
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Tort for the value of a valise and its contents lost from the custody of the defendants as common carriers. These actions were tried together in the superior court, before Ames, J., when the material facts appeared substantially as follows: The defendants were a corporation running a line of steamboats between St. Johns in New Brunswick and Boston, by way of Eastport. Early in the morning of May 31,1865, the plaintiffs took passage on one of their boats at St. Johns. Dunlap testified that, having engaged passage for Boston, he came to the wharf in St. Johns in company with Stewart, who had…
1Opinion of the CourtBigelow, C. J.
We are of opinion that the provisions of the U. S. St. of 1851, c. 43, § 2, on which the defendants rely in bar of these actions, do not apply to contracts entered into with masters or owners of vessels for the carriage by water of passengers with their luggage. The manifest design of the statute was to restrict the liability of common carriers by water of certain kinds of goods and merchandise. In regard to these it changes the rule of the common law. For this reason, its provisions are not to be extended by implication. Giving to the phraseology of the statute its fair and full meaning,…
2Cases cited1 opinion
- Orange County Bank v. BrownNew York Supreme Court · 1832
3Cited by21 opinions
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- Murray v. Postal Telegraph-Cable Co.Massachusetts Supreme Judicial Court · 1911
- Michigan Central Railroad v. CarrowIllinois Supreme Court · 1874
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