Legal Opinion

Potts v. New York & New England Railroad

Massachusetts Supreme Judicial Court

Decided October 17, 1881PublishedCited by 7 opinions

Tort for the conversion of a quantity of coal. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon an agreed statement of facts in substance as follows: The plaintiff, a coal merchant, sold to a firm in Southbridge in this Commonwealth a large quantity of coal and shipped 205 tons thereof by a schooner to Norwich, Connecticut, to be thence transported by the defendant over its railroad…

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Tort for the conversion of a quantity of coal. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon an agreed statement of facts in substance as follows: The plaintiff, a coal merchant, sold to a firm in Southbridge in this Commonwealth a large quantity of coal and shipped 205 tons thereof by a schooner to Norwich, Connecticut, to be thence transported by the defendant over its railroad to the consignees at Southbridge. The defendant received the coal at Norwich, paying the water freight to discharge the…

1Opinion of the CourtGray, C. J.

A carrier of goods consigned to one person under one contract has a lien upon the whole for the lawful freight and charges on every part, and a delivery of part of the goods to the consignee does not discharge or waive that lien upon the rest without proof of an intention so to do. Sodergren v. Flight, cited in 6 East, 622. Abbott on Shipping (7th ed.) 377. Lane v. Old Colony Railroad, 14 Gray, 143. New Haven & Northampton Co. v. Campbell, 128 Mass. 104. And when the consignor delivers goods to one carrier to be carried over his route, and thence over the route of another carrier, he makes…

2Cases cited1 opinion

  1. New Haven & Northampton Co. v. CampbellMassachusetts Supreme Judicial Court · 1880

3Cited by7 opinions

  1. Knapp, Stout & Co. Co. v. McCaffreyIllinois Supreme Court · 1899
  2. Crossan v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1889
  3. Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912
  4. Sheppard v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1917
  5. Hendricks v. SchmidtCourt of Appeals for the Second Circuit · 1895

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