Rice v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
CONTEAOT OR TORT. "Writ in the Superior Court for the county of Plymouth dated March 13, 1906. The declaration was in five counts, but there was a trial upon the first and fifth counts only. The first count was upon an account annexed which contained several items, apparently for services and disbursements in connection with funeral and burial services. The name of the deceased was not stated. The fifth count was as follows: “ Count five.
Read the full summary
CONTEAOT OR TORT. "Writ in the Superior Court for the county of Plymouth dated March 13, 1906. The declaration was in five counts, but there was a trial upon the first and fifth counts only. The first count was upon an account annexed which contained several items, apparently for services and disbursements in connection with funeral and burial services. The name of the deceased was not stated. The fifth count was as follows: “ Count five. In tort. . “ And the plaintiff further says that the said corporation ordered goods and services of the plaintiff as set forth in count one by an employee,…
1Opinion of the CourtSheldon, J.
There is no useful purpose to be served by recapitulating the evidence in this case. The plaintiff contends that Harris, acting for the defendant and with its authority, employed the plaintiff to make all the arrangements for the funeral of Lenix, who had been in the defendant’s service, and also that the action of Harris in so employing the plaintiff was afterwards ratified by the defendant acting through its managing officers. If this contention were supported by the evidence, doubtless it might be a good one. But this is not the case. *510Harris did not bold himself out as representing the…
2Cases cited3 opinions
- Constantinides v. WalshMassachusetts Supreme Judicial Court · 1888
- Sweeney v. MuldoonMassachusetts Supreme Judicial Court · 1885
- Pettengill v. AbbottMassachusetts Supreme Judicial Court · 1897
3Cited by10 opinions
- Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
- Hayes v. GillMassachusetts Supreme Judicial Court · 1917
- Joseph S. Waterman & Sons, Inc. v. HookMassachusetts Supreme Judicial Court · 1923
- Sowers v. KingWyoming Supreme Court · 1924
- Young v. ConoverSupreme Court of New Jersey · 1938
5 more not listed; retrieve them via the Exa API.