Barabe v. Duhrkop Oven Co.
Massachusetts Supreme Judicial Court
Two actions of tort, both against a corporation engaged in the business of manufacturing, selling and installing ovens, the first by a baker carrying on his business at the building numbered 643 on South First Street in New Bedford, and the second by the owner of that building, who was the mother of the plaintiff in the first action, for negligence of the defendant’s agents and .servants in constructing and installing a baker’s oven, under the terms of a contract of…
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Two actions of tort, both against a corporation engaged in the business of manufacturing, selling and installing ovens, the first by a baker carrying on his business at the building numbered 643 on South First Street in New Bedford, and the second by the owner of that building, who was the mother of the plaintiff in the first action, for negligence of the defendant’s agents and .servants in constructing and installing a baker’s oven, under the terms of a contract of conditional sale, in the building mentioned so carelessly that the building was set on fire, whereby the stock in trade and…
1Opinion of the CourtBbaley, J.
The exceptions to the instructions are not well taken, and the presiding judge rightly submitted to the jury the question of the defendant’s liability. It manufactured and installed for the plaintiff Alcid A. Barabe one of its patent baking ovens in accordance with the terms of a conditional contract, under which title did not pass to the vendee upon completion and installation but was to be transferred by a bill of sale when the contract price had been fully paid. The plaintiff, who never has acquired title, used the oven in his bakery, and within four months from the date. of the contract…
2Cases cited10 opinions
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Lebourdais v. Vitrified Wheel Co.Massachusetts Supreme Judicial Court · 1907
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3Cited by15 opinions
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Miller v. New York Oil Co.Wyoming Supreme Court · 1926
- Russell v. MartinMassachusetts Supreme Judicial Court · 1919
- United States Radiator Corporation v. HendersonCourt of Appeals for the Tenth Circuit · 1933
- Flaherty v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1958
10 more not listed; retrieve them via the Exa API.