Rand v. the Merchants' Dispatch Trans. Co.

Supreme Court of New Hampshire

Rand v. the Merchants' Dispatch Trans. Co.

59 N.H. 363

DecidedDecember 5, 1879

StatusPublished

This text of 59 N.H. 363 (Rand v. the Merchants' Dispatch Trans. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rand v. the Merchants' Dispatch Trans. Co., 59 N.H. 363 (N.H. 1879).

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Opinion

Stanley, J.

Common carriers may, by express contract, limit their common-law liability. Moses v. B. & M. R. R., 24 N. H. 71, 90; York Co. v. Central R. R., 3 Wall. 107; Pemberton Co. v. N. Y. C. R. R., 104 Mass. 144; Grace v. Adams, 100 Mass. 505; Scho. Bailm. 454, and notes. The referee has found that by the contract of the parties the defendant was not to be liable for damage caused by fire, and that the defendant was without fault.

Judgment for the defendant.

Foster and Allen, JJ., did not sit: the others concurred.

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Stanley, J.

Common carriers may, by express contract, limit their common-law liability. Moses v. B. & M. R. R., 24 N. H. 71, 90; York Co. v. Central R. R., 3 Wall. 107; Pemberton Co. v. N. Y. C. R. R., 104 Mass. 144; Grace v. Adams, 100 Mass. 505; Scho. Bailm. 454, and notes. The referee has found that by the contract of the parties the defendant was not to be liable for damage caused by fire, and that the defendant was without fault.

Judgment for the defendant.

Foster and Allen, JJ., did not sit: the others concurred.

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59 N.H. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rand-v-the-merchants-dispatch-trans-co-nh-1879.

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