Copeland v. Boston Dairy Co.

This is an action of contract on an account annexed, for milk sold and delivered by the plaintiff to the defendant in March and April, 1900. When the case was last before us, it was held that the burden of proof was on the plaintiff to show that the milk delivered by him was up to the standard prescribed by the R. L. c. 56, §§ 56, 57, and the case was sent back to the Superior Court for a new trial. Copeland v. Boston Dairy Co. 184 Mass. 207. The case was subsequently tried in the Superior Court, a verdict was again returned for the plaintiff, and the case is before us on the defendant’s…