42 Vt. 566 | Vt. | 1870
The opinion of the court was delivered by
A majority of the court are of opinion that the receipt in this case, of itself, constitutes a contract between the parties that the defendants, being common carriers, would carry said box to its destination — Brooklyn, Iowa — as per the marks thereon. As giving such character and effect to the paper, much importance is attached to the fact that the blanks were left unfilled. This effect given to the receipt renders it needless to consider the question, very much discussed in the argument, whether railroad companies, as common carriers, are prima facie bound to carry and deliver freight beyond the limits of their own respective roads, by the fact merely of receiving packages marked and destined to points beyond such limits.
I concur with my associates to the extent that the liability of the
Pursuant to the opinion of the majority of the court, the judgment is reversed, and judgment is rendered for the plaintiff for the sum stipulated.