# Clark v. Lowell & Lawrence Railroad

> Massachusetts Supreme Judicial Court · October 15, 1857 · 75 Mass. 231

URL: https://www.frixlaw.com/law-library/cases/6411447

## Case

- **Full name:** Edwin A. Clark v. Lowell and Lawrence Railroad Company
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** October 15, 1857
- **Citations:** 75 Mass. 231
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Bigelow
- **Judges:** Bigelow
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6411447

## Opinion text

Bigelow, J.
This case must be governed by the decision in Robinson v. Baker, 5 Cush. 137 .- The jury have found that Adams had no authority, either express or implied, to forward the lumber by the defendants’ line of transportation. In placing the property on board the boat by which it was carried and delivered to the defendants, he acted without authority and was a tortfeasor. He could therefore confer no right on the defendants to hold the lumber by virtue of any lien for its carriage. The right of property and possession was in the plaintiff, and he can well maintain replevin to recover the property.
deceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6411447. Public record. Not legal advice.