Lothrop v. Thayer
Massachusetts Supreme Judicial Court
Contract, with a count in tort, to recover for the loss by fire of a building in Sharon, and certain personal property therein. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court,- in substance as follows : The plaintiff was the owner of a large wooden building in Sharon, four stories in height, which was fitted for the manufacture of shoes.
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Contract, with a count in tort, to recover for the loss by fire of a building in Sharon, and certain personal property therein. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court,- in substance as follows : The plaintiff was the owner of a large wooden building in Sharon, four stories in height, which was fitted for the manufacture of shoes. At the time of the letting hereinafter referred to, it had been unoccupied for several years, except that the plaintiff had used a part of the second story of the building for the manufacture of…
1Opinion of the CourtField, J.
The property destroyed or damaged by fire was, first, the portion of the building let by the plaintiff to the defendants, or to one of them; second, the remaining portion of the building belonging to the plaintiff and in his possession; and third, personal chattels of the plaintiff in part in the portion of the building let, and in part in the remaining portion. The liability of the defendants for the damage to the personal chattels stored with them must be determined by the degree of care required of such bailees as they were; and, although there has been much criticism upon the use of the…
2Cases cited9 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
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3Cited by29 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Cerny-Pickas & Co. v. C. R. Jahn Co.Illinois Supreme Court · 1955
- Gates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1926
- Little v. Lynn & Marblehead Real Estate Co.Massachusetts Supreme Judicial Court · 1938
- Cawley v. Northern Waste Co.Massachusetts Supreme Judicial Court · 1921
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