Sheldon Forwarding Co. v. Boston & Maine Railroad

This is an action of contract or tort originally brought by two plaintiffs, but after discontinuance by one, Sheldon Transfer & Storage Company, was prosecuted only by the other, Sheldon Forwarding Co., on a count sounding in tort to recover damages for the negligent burning of its own property and property of which it was custodian. The action was referred to an auditor who found for the defendant. His findings of fact were not final and the case was retried before a jury on his report and additional evidence presented by the plaintiff. At the conclusion of the evidence the judge denied a…