Evans v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort against common carriers to recover for injuries to the plaintiff’s horse. At the trial in the Superior Court, before Rockwell, J., the plaintiff offered evidence that he delivered to the defendants to be carried on their road two horses, which were kept and used as a span; that he saw them placed and fastened by their halters at.the end of a car in separate corners; that when the horses arrived they were in the same position, but one was seriously injured on his hind…
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Tort against common carriers to recover for injuries to the plaintiff’s horse. At the trial in the Superior Court, before Rockwell, J., the plaintiff offered evidence that he delivered to the defendants to be carried on their road two horses, which were kept and used as a span; that he saw them placed and fastened by their halters at.the end of a car in separate corners; that when the horses arrived they were in the same position, but one was seriously injured on his hind legs, and his halter rope was hitched so tightly around his lower jaw as evidently to have caused him pain; that the…
1Opinion of the CourtAmes, J.
According to the established rule as to the liability of a common carrier, he is understood to guarantee that (with the well known exception of the act of God and of public enemies) the goods intrusted to him shall seasonably reach their destination, and that they shall receive no injury from the manner in which their transportation is accomplished. But he is not, necessarily and under all circumstances, responsible for the condition in which they may be found upon their arrival. The ordinary and natural decay of fruit, vegetables and other perishable articles; the fermentation, evaporation…
2Cases cited1 opinion
- Conger v. Hudson River RailroadThe Superior Court of New York City · 1857
3Cited by26 opinions
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Boehl v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
- Galveston, Harrisburg & San Antonio Railway Co. v. PowersCourt of Appeals of Texas · 1909
- Cassone v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1924
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