Papetti v. Alicandro

In this action of contract the plaintiff, a contract carrier and later a common carrier under G. L. (Ter. Ed.) c. 159B, as added by St. 1934, c. 264, and revised by St. 1938, c. 483, alleging that he carried gasoline and fuel oil for the defendant and had been paid less than the minimum rates prescribed by the department of public utilities, seeks to recover the difference between the minimum rates and the amounts actually received. The case was referred to an auditor, findings of fact not to be final, and he filed a report. At a jury trial the judge directed a verdict for the defendant, and…