Henry J. Perkins Co. v. American Express Co.
Massachusetts Supreme Judicial Court
■ Contract upon an alleged agreement of the defendant with the plaintiff to transport peaches from Hyde’s Crossing in New York to Springfield and Boston in cars which should be iced, and to maintain in the cars used to carry the peaches “ a proper temperature for preserving said peaches during their transportation,” the declaration alleging that a proper preserving temperature was not maintained, due to the cars not being properly iced.
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■ Contract upon an alleged agreement of the defendant with the plaintiff to transport peaches from Hyde’s Crossing in New York to Springfield and Boston in cars which should be iced, and to maintain in the cars used to carry the peaches “ a proper temperature for preserving said peaches during their transportation,” the declaration alleging that a proper preserving temperature was not maintained, due to the cars not being properly iced. Writ in the Superior Court for the county of Hampden dated May 15,1907. There was a trial before Wait, J. The plaintiff introduced evidence tending to show…
1Opinion of the CourtSheldon, J.
We regard it as settled that in a suit by a consignee against the carrier of goods for loss of or injury to the goods in transit, the defendant ordinarily may show that the consignor had made with it a special contract of shipment, and that the consignee receives the shipment subject to the terms of such special contract and to the risks thereby assumed by the consignor. Squire v. New York Central Railroad, 98 Mass. 239, 248. Finn v. Western Railroad, 112 Mass. 524, 534. Hill v. Boston, Hoosac Tunnel & Western Railroad, 144 Mass. 284. Cox *566v. Central Vermont Railroad, 170 Mass. 129, 136. See…
2Cases cited19 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
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3Cited by6 opinions
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Lakube v. CohenMassachusetts Supreme Judicial Court · 1939
- American Garment Co. v. TaylorMassachusetts Supreme Judicial Court · 1941
- Emery & Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1918
1 more not listed; retrieve them via the Exa API.