Old C. R. Co. v. Wilder

• Decision Date: 03 September 1884
• Citation: 137 Mass. 536
• Parties: Old Colony Railroad Company v. Salmon W. Wilder
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

137 Mass. 536

Old Colony Railroad Company v. Salmon W. Wilder

Supreme Court of Massachusetts

September 3, 1884

Middlesex.

Case discharged.

C. S Lilley, for the plaintiff.

N. D Pratt, for the defendant.

Morton C. J. Devens & Colburn, JJ., absent.

OPINION

Morton

This case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon an agreed statement of facts. The defendant ordered a car-load of tow of a third person in Ohio, at 1 7/8 cents per pound "delivered in Lowell, Mass." The consignor delivered the tow to a transportation company with which the plaintiff corporation is connected, to be carried to Lowell directed to the defendant, and marked, "Collect freight charges at other end." The plaintiff carried the tow to Lowell, and delivered it to the defendant, who used it in his business. It is admitted that the defendant never expressly promised to pay the freight. If he is liable to the plaintiff, therefore, it can only be upon the ground of an implied promise springing out of his acceptance of the tow.

It is settled that, when goods are carried by a carrier under a bill of lading, by which they are to be delivered to a consignee, "he paying freight therefor," if the consignee accepts the goods under the bill of lading, the law implies a promise that he will pay the freight. So, if goods are carried by land, and the consignee accepts the goods knowing that the carrier looks to him for the charges of carriage, he thereby impliedly promises to pay such charges. This is on the principle, that he who accepts a thing which he knows to be subject to a duty or charge which he is expected to pay, thereby contracts by implication to take the duty or charge on himself. Boston &amp Maine Railroad v. Whitcher, 1 Allen 497. Blanchard v. Page, 8 Gray 281.

In the case at bar, if the defendant accepted the tow knowing that the plaintiff looked to him for the freight, the law would imply a promise by him to pay it. If he had not such knowledge, no promise would be implied. The parties have failed to agree upon this vital fact. It is agreed that the plaintiff did not demand the freight of him when the tow was delivered. The fact that the tow was marked, "Collect freight charges at other end," is evidence that the defendant knew that he was expected to pay the charges. But it is not conclusive evidence. Whether it is a fair inference that it attracted the defendant's notice might depend upon the manner and character of the marking, and other evidence.

As the agreed statement of facts is imperfect, the question is whet disposition should be made of the case.

The cases which have been before this court upon agreed facts or cases stated are numerous, and, as there appears to be a want of uniformity in the decisions, or rather in the expressions used by the justices in delivering the opinions, it is well to state the principles upon which the court proceeds in dealing with such cases.

It has always been the law in this Commonwealth, that parties could submit a case to an inferior court upon "a case stated," and that an appeal lay from the judgment thereon of such court to the Supreme Judicial Court. The case stated becomes a part of the record, somewhat in the nature of a special verdict. The St. of 1817, c. 185, and the St. of 1820, c. 79, establishing the Court of Common Pleas, recognized and saved the right of appeal upon a "case stated." The Revised Statutes directly provided that, "when an action is submitted to the determination of the Court of Common Pleas, upon a case stated by the parties, either party may appeal from the judgment, unless it is agreed that the judgment of the Court of Common Pleas shall be final." Rev. Sts. c. 82, § 11. The St. of 1840, c. 87, provides that either party may appeal from any judgment founded upon matter of law apparent on the record. A case stated is not directly mentioned in that statute, but it is clear that it was not intended to take away the right of appeal from a judgment upon a case stated; and such right is recognized in the General Statutes and in the Public Statutes. Gen. Sts. c. 112, § 5. Pub. Sts. c. 150, § 7. It has therefore constantly been held by this court that either party had the right of appeal to this court from the judgment of the Court of Common Pleas or the Superior Court, upon a proper case stated. Hovey v. Crane, 10 Pick. 440. Commonwealth v. Cutter, 13 Allen 393.

When an action is submitted upon a statement of facts, which contains a clause that the court may draw any inferences of fact from the facts and evidence stated, this court cannot inquire whether the inferences of fact drawn by the inferior court are correct, its judgment being conclusive upon...