Houle v. Lewonis

The plaintiff’s household furniture, while being transported in the defendant’s truck from Brattleboro, Vermont, to Easthampton in this Commonwealth was damaged by fire soon after starting. The first count in the declaration, which alone went to the jury, was in contract, and alleged in substance that the defendant acted as a common carrier in the transaction. There was a verdict for the plaintiff. Exceptions were taken by the defendant to the judge’s refusal to direct a verdict in his favor, or to give certain requested rulings; and to specified portions of the charge.

The controlling issue…