Archambeau v. New York & N.E.R. Co.

• Decision Date: 24 February 1898
• Citation: 49 N.E. 435,170 Mass. 272
• Parties: ARCHAMBEAU v. NEW YORK & N.E.R. CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

170 Mass. 272

49 N.E. 435

ARCHAMBEAU v. NEW YORK & N.E.R. CO.

Supreme Judicial Court of Massachusetts, Worcester.

February 24, 1898

COUNSEL

William A. Gile and Charles T. Tatman, for plaintiff.

Frank P. Goulding and Wm. C. Mellish, for defendant.

OPINION

HOLMES, J.

This is an action of tort for personal injuries sustained while the defendant's road was in the hands of receivers. It happened that the next day after the accident the receivers turned over the property to a new corporation, so that the case suggests a possible hardship. But, in the opinion of a majority of the court, the defendant cannot be made liable on that account for an act done by persons who were not its agents or servants, but were put in control of its property by an adverse act. Railroad Co. v. Davis, 23 Ind. 553; Turner v. Railroad Co., 74 Mo. 602; Railway Co. v. Stringfellow, 44 Ark. 322, 324; Railway Co. v. Searle, 11 Colo. 1, 16 P. 328; Railroad Co. v. Hoechner, 14 C.C.A. 469, 67 F. 456; Metz v. Railroad Co., 58 N.Y. 61, 66; Brockert v. Railway Co., 82 Iowa, 369, 47 N.W. 1026; Railway Co. v. Huffman, 83 Tex. 286, 18 S.W. 741; High, Rec. (3d Ed.) § 396; Beach, Rec. (2d Ed.) §§ 384, 726; 2 Elliott, R.R. § 581. The special grounds upon which it has been thought proper to charge a corporation, to the extent of property in its hands paid for out of income by the receiver, do not exist. Railroad Co. v. Davis, 62 Miss. 271; Railway Co. v. Johnson, 76 Tex. 421, 13 S.W. 463; Id., 151 U.S. 81, 99, 14 Sup.Ct. 250. As the defense shows that the defendant did not do the acts complained of, it is admissible under a general denial. Railroad Co. v. Davis, 23 Ind. 553, 561.

Judgment on the verdict.