Union Freight Railroad v. Winkley
Massachusetts Supreme Judicial Court
Contract, for the benefit of the Old Colony Railroad Company, for services rendered as a common carrier. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on agreed facts, in substance as follows.
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Contract, for the benefit of the Old Colony Railroad Company, for services rendered as a common carrier. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on agreed facts, in substance as follows. The plaintiff, at the occurrence of the events hereinafter mentioned, was a common carrier, having its usual place of business in Boston, and operating a railroad between the stations of the various railroads, including those hereinafter mentioned, which have their terminal points in Boston. The defendants were co-partners dealing in ice…
1Opinion of the CourtField, C. J.
The plaintiff is the second in a line of three connecting railroads over which the ice was transported, and the freight due to the first two roads has been paid by the last. We assume, without deciding it, that the right of the plaintiff to maintain this action is the same as if it were the first road, and the freight had not been paid. With whom, then, did the Boston and Maine Railroad make the contract for transportation, and who promised that company to pay the freight ? There was no express contract. The defendants, through their servants, might have contracted with the railroad to pay…
2Cases cited6 opinions
- Lawrence v. MinturnSupreme Court of the United States · 1855
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- American Railway Express Co. v. Mohawk Dairy Co.Massachusetts Supreme Judicial Court · 1924
- Coal & Coke Ry. Co. v. Buckhannon River Coal & Coke Co.West Virginia Supreme Court · 1915
- Galveston, Harrisburg & San Antonio Railway Co. v. American Grocery Co.Texas Supreme Court · 1931
- Pennsylvania Railroad v. Lord & Spencer, Inc.Massachusetts Supreme Judicial Court · 1936
8 more not listed; retrieve them via the Exa API.