CONSOLIDATED RAIL CORP. v. HALLAMORE MOTOR TRANSP.


394 Mass. 56 (1985)

473 N.E.2d 1137

CONSOLIDATED RAIL CORPORATION vs. HALLAMORE MOTOR TRANSPORTATION, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

February 11, 1985.


Attorney(s) appearing for the Case

Zachary R. Karol for the defendant.

Michael A. Fitzhugh for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.


WILKINS, J.

The plaintiff (Conrail), a common carrier, seeks to recover charges for carrying freight by rail on two occasions from Cedar Rapids, Iowa, to Worcester, from the defendant (Hallamore), a motor common carrier, which unloaded the cargo and carried it to Quonset Point, Rhode Island. A judge of the Municipal Court of the City of Boston considered the case on a statement of agreed facts and found for Conrail. The Appellate Division agreed with the trial judge...

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