White Sewing Machine Co. v. Phenix Nerve Beverage Co.
Massachusetts Supreme Judicial Court
Contract by a corporation manufacturing automobiles against the lessee from it of an automobile delivery wagon, for injuries to the machine which was partially destroyed by fire while in the possession of the defendant.
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Contract by a corporation manufacturing automobiles against the lessee from it of an automobile delivery wagon, for injuries to the machine which was partially destroyed by fire while in the possession of the defendant. Writ dated October 5, 1903. At the trial in the Superior Court before Schofield, J. the jury found for the plaintiff in the sum of f>976.23; and the defendant, after a motion for a new trial which was denied by the judge, alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtBraley, J.
This is an action to recover the value of an automobile partially destroyed by the defendant’s negligence while in its possession under a contract of rental with an option of purchase.
After the machine had been returned to the plaintiff at Boston it was sent on August 7,1903, as freight, to Cleveland, Ohio, where, some time in March, 1904, it was examined by mechanical experts, whose qualifications were admitted. But the defendant excepted to the admission of their depositions giving an opinion of its value because no testimony had been offered by the plaintiff that its condition remained the…
2Cases cited6 opinions
- Droney v. DohertyMassachusetts Supreme Judicial Court · 1904
- Olivieri v. AtkinsonMassachusetts Supreme Judicial Court · 1897
- Laplante v. Warren Cotton MillsMassachusetts Supreme Judicial Court · 1896
- Taylor v. LowellMassachusetts Supreme Judicial Court · 1807
- Leighton v. MorrillMassachusetts Supreme Judicial Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Jaquith v. MorrillMassachusetts Supreme Judicial Court · 1910
- Ferron v. KingMassachusetts Supreme Judicial Court · 1911
- Henry J. Perkins Co. v. American Express Co.Massachusetts Supreme Judicial Court · 1908
- Milano v. WassermanMassachusetts Supreme Judicial Court · 1926
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