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accident action agent agreement alleged exceptions amount appeared assessment assessors automobile bill Boston Elevated Railway Braley cause charge claim claimant coal common law Commonwealth Company contended contract corporation count county commissioners damages death deceased declaration decree deed defendant defendant's district evidence tending fact February 23 fendant filed finding fraud Fryeburg Academy fund Hammond Hanson and Parker held husband intestate issue January 18 Jerome Jones judgment jury Knowlton liability machine Manuf Mass mortgage Morton motorman negligence opinion paid parties payment personal injuries petitioner plaintiff platform possession presiding judge purchase question Railroad real estate reason received refused registry of deeds replevin request Rugg rule Sheldon statute statute of frauds Street Railway Suffolk Superior Court tending to show testator testatrix testified tion tort track trial trustee verdict wife witness Wittenberg Writ dated
Page 257 - that any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 255 - ... for any loss, damage, or injury to such property, caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered, or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed.
Page 255 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Page 260 - The distinct ground of our decision in the case at bar is, that where a contract of the kind, signed by the shipper, is fairly made, agreeing on the valuation of the property carried, with the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld HE Heacock Co.
Page 600 - ... nor for mistakes or delays in the transmission or non-delivery of any repeated message beyond fifty times the sum received for sending the same, unless specially insured; nor in any case for delays arising from unavoidable interruption in the working of the lines, or for errors in cipher or obscure messages.
Page 266 - interest in the subject-matter' among these individuals, but where there is and because there is merely a community of interest among them in the questions of law and fact involved in the general controversy, or in the kind and form of relief demanded and obtained by or against each individual member of the numerous body.
Page 555 - Be it remembered that I of . . . ., in the commonwealth of Massachusetts, being of sound mind and memory, but knowing the uncertainty of this life, do make this my last will and testament. After the payment of my just debts and funeral charges, I bequeath and devise as follows.
Page 745 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or for nondelivery of any unrepeated message, beyond the amount received for sending the same...
Page 259 - The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract of transportation, between the parties to that contract. The carrier must respond for negligence up to that value. It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practised on the shipper, should be upheld.