Legal Opinion

Lancaster v. Stanetsky

Massachusetts Supreme Judicial Court

Decided May 22, 1915PublishedCited by 14 opinions

Tort for the alleged conversion of a machine called a “racing machine” of the alleged value of $650. Writ in the Municipal Court of the City of Boston dated February 17, 1913. On removal to the Superior Court the case was tried before Ratigan, J., without a jury. The plaintiff testified “that the purpose of the machine was to reproduce a motor bicycle race upon the stage.”

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Tort for the alleged conversion of a machine called a “racing machine” of the alleged value of $650. Writ in the Municipal Court of the City of Boston dated February 17, 1913. On removal to the Superior Court the case was tried before Ratigan, J., without a jury. The plaintiff testified “that the purpose of the machine was to reproduce a motor bicycle race upon the stage.” There was evidence for the plaintiff that for about two years previous to October, 1912, the machine was stored on the premises of the Symonds and Poor Carbonator Company on Washington Street in Boston; that the…

1Opinion of the CourtBraley, J.

The judge before whom the case was tried without a jury having found for the plaintiff, the only questions are whether the evidence as matter of law warranted the finding, and if so, whether any of the defendant’s requests for rulings should have been given. American Malting Co. v. Souther Brewing Co. 194 Mass. 89.

The exceptions purport to recite at length all the material evidence. It is conflicting. But the credibility of the witnesses and the weight to be given to their testimony were for the presiding judge. A detailed recapitulation is unnecessary. It is sufficient to say that if the…

2Cases cited3 opinions

  1. American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
  2. Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
  3. Greenall v. HersumMassachusetts Supreme Judicial Court · 1915

3Cited by14 opinions

  1. Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
  2. Massachusetts Lubricant Corp. v. SoconyVacuum Oil Co.Massachusetts Supreme Judicial Court · 1940
  3. Hilden v. NaylorMassachusetts Supreme Judicial Court · 1916
  4. Marcotte v. Massachusetts Security Corp.Massachusetts Supreme Judicial Court · 1924
  5. Geguzis v. Brockton Standard Shoe Co.Massachusetts Supreme Judicial Court · 1935

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