May v. Western Union Telegraph Co.
Massachusetts Supreme Judicial Court
Tort with a count in contract, and an averment that the counts were for the same cause of action. The first count of the declaration set forth that the plaintiffs “ exercised at said Boston the trade of buying and selling hardware and metals, and A. Judson Marsh, Charles J. Pilsbury and the plaintiffs exercised the same trade in copartnership by the name of Marsh, Pilsbury & Co., at San Francisco, in the State of California, and that in the course of business of said…
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Tort with a count in contract, and an averment that the counts were for the same cause of action. The first count of the declaration set forth that the plaintiffs “ exercised at said Boston the trade of buying and selling hardware and metals, and A. Judson Marsh, Charles J. Pilsbury and the plaintiffs exercised the same trade in copartnership by the name of Marsh, Pilsbury & Co., at San Francisco, in the State of California, and that in the course of business of said partnership the said Marsh & Pilsbury resided at said San Francisco and when goods of the kinds aforesaid were required for…
1Opinion of the Court
Eítdicott, J.
The plaintiffs have properly joined a count in contract with two counts in tort, alleging them to be for one and the same cause of action. It is therefore an action sounding in contract or tort, upon which a general verdict may be taken, unless the plaintiffs are, in the discretion of the court, compelled to elect upon which they will proceed. Carlton v. Pierce, 1 Allen, 26. Sullivan v. Fitzgerald, 12 Allen, 482. Hulett v. Pixley, 97 Mass. 29.
The first count alleges that by the negligent management of its telegraph the defendant delivered to the plaintiffs a message from their…
2Cases cited3 opinions
- Bartlett v. TuckerMassachusetts Supreme Judicial Court · 1870
- Thompson v. HoskinsMassachusetts Supreme Judicial Court · 1814
- Hulett v. PixleyMassachusetts Supreme Judicial Court · 1867
3Cited by24 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Richmond Engineering & Manufacturing Corp. v. LothSupreme Court of Virginia · 1923
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