South Deerfield Onion Storage Co. v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract, the declaration alleging that the plaintiff on October 15, 1913, shipped a car load of onions from South Deerfield consigned to itself at Hartford, Connecticut, with instructions to the carrier to notify one Schwartz at JHartford; that the car arrived at Hartford on October 16; that the defendant failed to notify the plaintiff of the failure of Schwartz to accept the car load of onions, and that through its negligence the onions were badly damaged.
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Contract, the declaration alleging that the plaintiff on October 15, 1913, shipped a car load of onions from South Deerfield consigned to itself at Hartford, Connecticut, with instructions to the carrier to notify one Schwartz at JHartford; that the car arrived at Hartford on October 16; that the defendant failed to notify the plaintiff of the failure of Schwartz to accept the car load of onions, and that through its negligence the onions were badly damaged. Writ dated April 18, 1914. In the Superior Court the case was tried before Aiken, C. J. There was evidence that on October 15, 1913, the…
1Opinion of the CourtBraley, J.
If not in contravention of established rules of law and in the absence of any provision to the contrary, a local or special custom regulating the delivery of goods forms part of the contract of shipment. Barrie v. Quimby, 206 Mass. 259, 265. And as the jury upon all the evidence would have been warranted in finding a custom that, where a car upon arrival at the place of destination was refused or not accepted, the defendant gave notice to the shipper within forty-eight hours thereafter, the rights of the parties are to be determined as if this provision had been inserted in the bill of…
2Cases cited6 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Alderman v. Eastern RailroadMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Baccari v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
- Roach v. LaneMassachusetts Supreme Judicial Court · 1917
- Carr v. StocktonSupreme Court of Florida · 1922
- Galveston, Harrisburg & San Antonio Railway Co. v. American Grocery Co.Texas Supreme Court · 1931
- Fisk Rubber Co. v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1921
5 more not listed; retrieve them via the Exa API.