Farmington Mercantile Co. v. Chicago, Burlington, & Quincy Railroad
Massachusetts Supreme Judicial Court
Contract, for failure safely to transport a car-load of eggs and poultry from Farmington, Iowa, to Boston, via Chicago. At the trial in the Superior Court, without a jury, before Mason, C. J., it appeared in evidence that on June 17, 1892, the plaintiff delivered to the defendant at Farmington a car-load of eggs and poultry, in good condition, to be transported to Boston in a refrigerator car; and that when the car reached Boston many of the eggs were broken, and the poultry…
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Contract, for failure safely to transport a car-load of eggs and poultry from Farmington, Iowa, to Boston, via Chicago. At the trial in the Superior Court, without a jury, before Mason, C. J., it appeared in evidence that on June 17, 1892, the plaintiff delivered to the defendant at Farmington a car-load of eggs and poultry, in good condition, to be transported to Boston in a refrigerator car; and that when the car reached Boston many of the eggs were broken, and the poultry damaged. The judge found that the eggs were not injured through the negligence of the defendant or any intermediate…
1Opinion of the CourtAllen, J.
The defendant made no contract to carry the plaintiff’s freight to Boston and to deliver it there. If the defendant delivered the car with its contents in good order to the connecting carrier in Chicago, it discharged its duty and did all that it undertook to do. The plaintiff conceded that the defendant’s responsibility ended at Chicago, and that it was not liable if the defective icing occurred between Chicago and Boston. See Darling v. Boston Worcester Railroad, 11 Allen, 295. It was therefore incumbent on the plaintiff to prove negligence on the part of the defendant before the delivery…
2Cited by6 opinions
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- St. Louis & San Francisco Railroad v. McGivneySupreme Court of Oklahoma · 1907
- Chicago, R. I. & P. Ry. Co. v. DiggsSupreme Court of Oklahoma · 1914
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