Lane v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Contract. The declaration was as follows: “ And the plaintiffs say the defendants received fifteen barrels of flour, the property of the plaintiffs, and of the value of one hundred and fifty dollars, and agreed with them to deliver the same to them at Palmer, in said county; and the plaintiffs paid to the defendants a legal consideration therefor, and duly demanded of them to deliver the same to them, but they neglected and refused to do so, and owe them the value thereof…
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Contract. The declaration was as follows: “ And the plaintiffs say the defendants received fifteen barrels of flour, the property of the plaintiffs, and of the value of one hundred and fifty dollars, and agreed with them to deliver the same to them at Palmer, in said county; and the plaintiffs paid to the defendants a legal consideration therefor, and duly demanded of them to deliver the same to them, but they neglected and refused to do so, and owe them the value thereof and interest thereon.” The defendants denied each and every allegation of the declaration. At the trial in the Superior…
1Opinion of the Court
Gray, C. J.*
1. The evidence, introduced at the trial, that the defendants received the plaintiffs’ property and were paid the freight for transporting it to Palmer, and that the property on its arrival there was put into the defendants’ depot, was demanded of them by the plaintiffs, and not delivered by the defendants, was sufficient to support the declaration, and, if believed by the jury, entitled the plaintiffs to recover, unless the defendants proved that it had been lost without any negligence on their part. Cass v. Boston & Lowell Railroad, 14 Allen, 448.
2. The declarations of their…
2Cases cited1 opinion
- Lewis v. SmithMassachusetts Supreme Judicial Court · 1871
3Cited by29 opinions
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Green v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1880
- Willett v. RichMassachusetts Supreme Judicial Court · 1886
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. ClosserIndiana Supreme Court · 1890
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