AKERLY v. EXPRESS AGENCY

No. 3927.

96 N.H. 396 (1951)

EULAS AKERLY & a. v. RAILWAY EXPRESS AGENCY, INC.

Supreme Court of New Hampshire.

January 2, 1951.


Attorney(s) appearing for the Case

Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the plaintiffs.

Warren, Wilson, Wiggin & Sundeen (Mr. Wiggin orally), for the defendant.


DUNCAN, J.

It is not disputed that in the transportation of the plaintiffs' goods the defendant, as a common carrier, was liable as an insurer unless the plaintiffs' losses resulted from causes which are excepted according to the rule of common law (Moses v. Boston & Maine Railroad, 24 N.H. 71, 84) or by agreement of the parties. Since the transportation involved was in interstate commerce, the rights of the parties are governed by federal law. ...

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