Clark v. Lowell & Lawrence Railroad
This text of 75 Mass. 231 (Clark v. Lowell & Lawrence Railroad) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case must be governed by the decision in Robinson v. Baker, 5 Cush. 137.- The jury have found that Adams had no authority, either express or implied, to forward the lumber by the defendants’ line of transportation. In placing the property on board the boat by which it was carried and delivered to the defendants, he acted without authority and was a tortfeasor. He could therefore confer no right on the defendants to hold the lumber by virtue of any lien for its carriage. The right of property and possession was in the plaintiff, and he can well maintain replevin to recover the property.
deceptions overruled.
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75 Mass. 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-lowell-lawrence-railroad-mass-1857.