Bradford v. Cunard Steamship Co.
Massachusetts Supreme Judicial Court
Contract to recover for damage to sis cases of woollen dress goods while being carried in the defendant’s steamship Samaria. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows. The defendant did not deny its liability to the plaintiffs for such damages as they might prove by competent evidence.
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Contract to recover for damage to sis cases of woollen dress goods while being carried in the defendant’s steamship Samaria. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows. The defendant did not deny its liability to the plaintiffs for such damages as they might prove by competent evidence. An auditor, to whom the case was referred, and whose findings of fact, it was agreed, should be final, reported the following facts. The invoice value of the goods, to which the plaintiffs’ claim was limited…
1Opinion of the CourtHolmes, J.
1. If the plaintiffs had no better evidence of the amount of damage suffered by their goods than the report of an appraiser who settled the sum to be paid by the insurers, the want of it was due, not to the nature and necessities of the *57case, but to their own neglect. The report would not have been admissible if the appraiser had been alive, and could have been called as a witness. Kafer v. Harlow, 5 Allen, 348. Adams v. Wheeler, 97 Mass. 67. Leighton v. Brown, 98 Mass. 515. In • our opinion, the fact that he was dead did not make it so. Assuming for the purposes of the case that the report…
2Cases cited4 opinions
- Walker v. CurtisMassachusetts Supreme Judicial Court · 1874
- Adams v. WheelerMassachusetts Supreme Judicial Court · 1867
- Leighton v. BrownMassachusetts Supreme Judicial Court · 1868
- Abel v. FitchSupreme Court of Connecticut · 1849
3Cited by15 opinions
- Parker v. LevinMassachusetts Supreme Judicial Court · 1934
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. HosmanMassachusetts Supreme Judicial Court · 1926
- Shikany v. Salt Creek Transp. Co.Wyoming Supreme Court · 1935
- Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
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