Leavens v. American Express Co.
Supreme Court of Vermont
Case for damages to goods occasioned by delay in delivering to the consignee. Pleas, the general issue and a special plea in bar. Heard on demurrer to the special plea, at the March Term, 1912, Orleans County, Taylor, J., -presiding. Demurrer sustained, pro forma, and plea adjudged insufficient. The defendant excepted. The opinion states the case.
1Opinion of the CourtRowell, C. J.
This is case for damage to green'skins of small wild animals occasioned, by delay in delivering to the consignee in New York City to which they were shipped from Newport, Vt.
*344The plaintiff declares upon the common law liability of common carriers. The defendant pleads in bar a certain provision of a special contract contained in the bill of lading, which bill, it is alleged, was delivered to the plaintiff and accepted by him at the time the goods were received for carriage, and constituted the terms and conditions on which they were to be transported, among which terms and conditions is the…
2Cases cited8 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Geismer v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1886
- Gulf, Colorado & Santa Fe Railway Co v. LeviTexas Supreme Court · 1890
- Lake Shore & Michigan Southern Railway Co. v. BennettIndiana Supreme Court · 1883
- Davis & Gay v. Central Vermont RailroadSupreme Court of Vermont · 1893
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3Cited by6 opinions
- Fadden v. McKinneySupreme Court of Vermont · 1914
- Bianchi v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1918
- Feniger v. American Railway Express Co.Michigan Supreme Court · 1924
- Oakdale Farms, Inc. v. Rutland R.R. Co.Supreme Court of Vermont · 1932
- American Railway Express Co. v. JohnsonSupreme Court of Florida · 1924
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