Murray v. Postal Telegraph-Cable Co.
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration containing, after the allowance of successive amendments following the sustaining of sundry demurrers, three counts, the first of which alleged in substance that the defendant, which “ undertakes to furnish reliable and trustworthy messenger boys to deliver messages and parcels within the city of Pittsfield,” upon the request of the plaintiff for such a boy, sent to her a messenger boy well known to her to be trustworthy and reliable, to…
Read the full summary
Contract or tort, with a declaration containing, after the allowance of successive amendments following the sustaining of sundry demurrers, three counts, the first of which alleged in substance that the defendant, which “ undertakes to furnish reliable and trustworthy messenger boys to deliver messages and parcels within the city of Pittsfield,” upon the request of the plaintiff for such a boy, sent to her a messenger boy well known to her to be trustworthy and reliable, to whom she delivered a package containing valuable dresses to be delivered at an address named by her and known to the…
1Opinion of the CourtBraley, J.
The instructions as to liability under which a general verdict was returned for the company were largely, if not wholly, predicated upon Haskell v. Boston District Messenger Co. 190 Mass. 189, and portions of the opinion, defining the implied contract or duty of the defendant in that case and the care required in the selection of messengers, were quoted as applicable in the case at bar. But the ground upon which the defendant was exonerated in that case rested upon the contract with the plain*193tiff; and it was accordingly held that as the messenger received his instructions directly from the…
2Cases cited10 opinions
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Maynard v. BuckMassachusetts Supreme Judicial Court · 1868
- American District Telegraph Co. v. WalkerCourt of Appeals of Maryland · 1890
- Dunlap v. International Steamboat Co.Massachusetts Supreme Judicial Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Rourke v. Cadillac Automobile Co.Massachusetts Supreme Judicial Court · 1929
- Sarkesian v. Cedric Chase Photographic Laboratories, Inc.Massachusetts Supreme Judicial Court · 1949
- Byer v. Canadian Bank of CommerceCalifornia Supreme Court · 1937
- Potomac Ins. Co. v. NicksonUtah Supreme Court · 1924
- Baer v. SlaterMassachusetts Supreme Judicial Court · 1927
17 more not listed; retrieve them via the Exa API.