Harvey v. Murray
Massachusetts Supreme Judicial Court
Contract, for injuries to a piano hired of the plaintiff by the defendant. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: The defendant hired the plaintiff’s piano, and agreed in writing to pay a certain sum per quarter, and “ to return it in as good order as when received (customary wear and tear excepted).” The piano was taken to the defendant’s house, and kept there in a suitable place until July…
Read the full summary
Contract, for injuries to a piano hired of the plaintiff by the defendant. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: The defendant hired the plaintiff’s piano, and agreed in writing to pay a certain sum per quarter, and “ to return it in as good order as when received (customary wear and tear excepted).” The piano was taken to the defendant’s house, and kept there in a suitable place until July 16, 1879, when by inevitable accident said house was blown over, and the piano was injured. The defendant requested the…
1Opinion of the CourtC. Allen, J.
This case falls fully within the decision in Drake v. White, 117 Mass. 10. Indeed, the mention in the contract now before us, that customary wear and tear are excepted from the defendant’s agreement, furnishes an additional reason for holding that injury from inevitable accident is not excepted.
Exceptions overruled.
2Cases cited1 opinion
- Drake v. WhiteMassachusetts Supreme Judicial Court · 1875
3Cited by11 opinions
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Lothrop v. ThayerMassachusetts Supreme Judicial Court · 1885
- Boston Molasses Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1907
- Grady v. SchweinlerNorth Dakota Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.