Ruling Court Case No. 2. Moses Vs. Boston And Maine Railroad Company, Volume 32 New Hampshire Reports, Page 5

Moses delivered wool to the Boston and Maine Railroad Company at Exeter, New Hampshire, to be carried to Boston. The wool arrived in Boston on November 4, at three P. M., and was of such quantity as to require three hours in which to be taken away by Moses. Since the gates of the freight station were closed at five o'clock, Moses had no opportunity to remove the wool that day. During the following night it was destroyed by fire. This is an action to recover the value of the wool.

Justice Sawyer delivered the opinion: "The wool was not delivered at Boston early enough November 4 to give Moses a reasonable opportunity to haul it away that day. The liability of the railroad as common carrier continues, according to the New Hampshire rule, until the assignee has had a reasonable opportunity to remove the goods. The need for the extraordinary Common Law liability on the part of the railroad is as great in order to protect the shipper while the goods are awaiting the removal, as it is for the actual transit. The Boston and Maine Railroad Company is liable, as common carrier, for the wool." Judgment was given for Moses.