Block v. Fitchburg Railroad Company

• Decision Date: 11 May 1885
• Citation: 139 Mass. 308,1 N.E. 348
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Benjamin Block v. Fitchburg Railroad Company & others

139 Mass. 308

1 N.E. 348

Benjamin Block v. Fitchburg Railroad Company & others

Supreme Judicial Court of Massachusetts

May 11, 1885

Argued March 10, 1885

Suffolk.

Contract against the Fitchburg Railroad Company and seven other railroad corporations, described in the writ as "doing business together as a line for the purpose of carrying freight, under the name of 'Erie and North Shore Despatch,'" and having a usual place of business in Boston. The declaration alleged a delivery of a package of goods to the defendants at Boston, to be delivered to the plaintiff at Denver, Colorado, under a bill of lading, and the non-delivery thereof. The bill of lading, which was headed "Erie and North Shore Despatch Fast Freight Line," and acknowledged the receipt of the package contained the following clauses:

"It is understood and hereby agreed that the Erie and North Shore Despatch will not be liable for loss or damage or delays to the above goods on any river or lake, and the goods may be stored at the risk and expense of the owners when reasonably necessary, and said company and any company carrying said property will not be liable for any loss, damage, or delay caused by guerillas, military seizure or occupation of engines, cars, or road.

"The property is supposed to be marked as per margin, and is to be transported by the Fitchburg Railroad, and thence by the Erie and North Shore Despatch to Chicago, and there delivered to the agents of connecting steamboat or railroad company, and by them to be delivered to the next connecting steamboat or railroad company, and in like manner to be delivered to each connecting company, until said goods shall have reached the point named in this bill of lading.

"And in consideration that this company has reduced the price of such transportation below the local rates, the shipper and owner does hereby release the Erie and North Shore Despatch and the steamboat and railroad company which may receive said property, from liability from leakage of all kinds of liquids, breakage of all kinds of marble, glass, carboys of acid (or articles packed in glass), stoves and stove furniture, castings, machinery, furniture, carriages, musical instruments of all kinds, packages of eggs, and other frail and brittle articles; also, from loss or damage on hay, hemp, cotton, or any article that may be carried in open cars; and from damage to perishable property of all kinds; and also from damage or loss to any article from or by fire or explosion of any kind.

"It is further stipulated and agreed, that in case of any loss, detriment or damage done to or sustained by any of the property herein receipted for, during such transportation, whereby any legal liability or responsibility shall or may be incurred, that company shall alone be held answerable therefor in whose actual custody the same may be at the time of the happening thereof. And it is understood that no liability will exist for wrong carriage or delivery of goods marked by initials, or inadequately marked. All goods or property shipped on this receipt will be subject to necessary cooperage, and will be delivered at the depots of the company or steamboat landing, it being also agreed between the parties hereto that the said Erie and North Shore Despatch, and the steamboat and railroad companies with which they connect, shall not be held accountable for any deficiency if receipted at Chicago in good order.

"And in case of loss or damage of any of the goods named in this bill of lading, for which either of said companies may be liable, it is agreed that said company shall have the benefit of any insurance effected by or for account of the owner of said goods, said insurance and claims thereunder to be fully disclosed and assigned to said company before any damage can be claimed."

Trial in the Superior Court, before Staples, J., who ordered a verdict for the defendants. The plaintiff alleged exceptions, which appear in the opinion.

Exceptions sustained.

L. M. Child, for the plaintiff.

C. A. Welch, for the defendants.

W. Allen, Colburn, & Holmes, JJ., absent. Morton, C. J.

OPINION

Morton C. J.

The evidence at the trial tended to show that the several defendant corporations formed an association or company under the name of the "Erie and North Shore Despatch Fast Freight Line," for the transportation of merchandise between Boston and Chicago; that the association had an agent in Boston, who was authorized to receive goods at Boston for transportation over...