Joseph Freedman Co. v. North Penn Transfer, Inc.
Massachusetts District Court, Appellate Division
1Opinion of the CourtMcGuane, J.
The defendant in this appeal raises the issue that in this particular case the plaintiff had the burden of proving that the goods were received in good condition, not just that they were received. His contention is that there must be evidence in the report to sustain the judge's findings and absent that evidence he was entitled to a directed verdict.
The report contains the following summary of testimony. “The merchandise was placed on defendant’s truck under the defendant driver's supervision. The defendant’s driver was able to observe the conditions of the reels, in that one ormore of the…
2Cases cited2 opinions
- Brown's CaseMassachusetts Supreme Judicial Court · 1956
- Luongo v. ZimmermanMassachusetts District Court, Appellate Division · 1971