41 Vt. 550 | Vt. | 1869
The opinion of the court was delivered by
This case comes into this court by appeal from a decree of the court of chancery accepting the report of a master, and determining the amount due from the defendants to the plaintiff, James Morse. The preliminary proceedings, which have resulted in bringing the case before us in its present form, we have not been furnished with the means of stating. That is probably a matter of no importance, as no questions are now made by counsel on either side, except such as arise upon the master’s report.
From that, it appears that the defendants were, and still are, operating the Yermont Central and Vermont & Canada railroads, as trustees, receivers and managers, for the first mortgage bondholders, by the appointment and under the direction of the court
The defendants claim that they are not liable for any injury to the cattle that happened after they passed off from the roads of which they had the charge and management on to the connecting roads and on their way to said Medford.
The principle is now well settled in this state that railroad companies, as common carriers, may make valid contracts to carry and transport property beyond the limits of their own roads, and when they do, they are bound to deliver the property at its place of destination, according to their contract, and are liable for all injury to such property prior to its delivery, although such injury happens after the property has passed over their road on its way, and while in the charge of other carriers over whom they have no control. Noyes v. Rutland & Burlington R. R. Co., 27 Vt., 110, and the cases there referred to. This contract may be either express or implied. In England the rule is, that when
If, then, the defendants are to be made liable in this case, it must be upon the ground that they received the property in question under a contract, express or implied, to deliver it at Medford, its place of destination/
Whether there was such a contract or not, is mainly a question of fact, to be determined upon the master’s report and the evidence referred to.
That there was no express contract for the delivery of this property at Medford is conceded. Was there an implied contract to that effect ?
From the master’s reporteand the testimony of Lawrence Brain-ard, one of the defendants, which is referred to as a part of said report, it appears that there was a business arrangement entered into between the several roads that constitute a line of communication by railroad from Ogdensburgh, in the state of New York, to Boston, Mass., for the transmission of passengers and freight; that in this chain, the Vermont & Canada and the Vermont Central railroads constitute links; that under this arrangement, when a car-load of property was sent from one point upon the line to another, it went to its destination without a change of cars; the amount to be paid for carrying the property through the whole distance was agreed upon and fixed at its place of departure, by the parties receiving it; this sum might be paid in-gross by the' consignor in advance, or' by the consignee on its arrival; the freight was not to be paid to the several roads over which the
We think the fair and just implication from the whole case, as we have it before us, is that the defendants, when they received the property of Morse, took upon themselves the obligation to transport the property safely from Swanton to Medford, and, such being the case, they are liable to Morse for the injury the property sustained on its way, as reported by the master.
. As there are two cases now before us, between the same parties, depending upon the same principles and similar facts, the entry will be in both cases that the decree of the chancellor, accepting the report of the master and fixing the liability of the defendants, and the amount thereof, is affirmed, and the cases remanded to the court of chancery for final disposition.