Elkins v. Boston & Maine Railroad
Superior Court of New Hampshire
Assumpsit. The'declaration alleged that on the twenty-first of April, 1847, the defendants were common carriers of goods for hire from Andover, Mass., to Exeter; that the plaintiff delivered to them an overcoat to be carried from Andover to Exeter, and delivered to the plaintiff for a reasonable reward to be paid therefor, in consideration of which the defendants received the coat and undertook to transport and deliver it accordingly, which they have neglected and refused to…
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Assumpsit. The'declaration alleged that on the twenty-first of April, 1847, the defendants were common carriers of goods for hire from Andover, Mass., to Exeter; that the plaintiff delivered to them an overcoat to be carried from Andover to Exeter, and delivered to the plaintiff for a reasonable reward to be paid therefor, in consideration of which the defendants received the coat and undertook to transport and deliver it accordingly, which they have neglected and refused to do. At the trial upon the general issue it appeared in evidence that the overcoat belonging to the plaintiff, whose…
1Opinion of the CourtGilchrist, C. J.
The only question in the case is whether the evidence supports the declaration. It is alleged that the plaintiff delivered to the defendants an overcoat, to be carried from Andover to Exeter, and delivered to the plaintiff. It appeared that two overcoats were rolled up in a bundle, one of which belonged to the plaintiff and the other belonged to Jonathan Elkins; that the bundle was directed to Jonathan Elkins, and left by him at the depot. The only question properly raised by the case is whether upon these facts the plaintiff may maintain an action against the defendants.
In the case of Weed…
2Cases cited2 opinions
- Beebee v. RobertNew York Supreme Court · 1834
- Sanderson v. LambertonSupreme Court of Pennsylvania · 1813
3Cited by1 opinion
- Murray v. WarnerSupreme Court of New Hampshire · 1875