Petty v. Allen
Massachusetts Supreme Judicial Court
Tort. Trial in the Superior Court, before Oolburn, J., who allowed a bill of exceptions, in substance as follows: It appeared that on Sunday, August 14, 1881, the plaintiff, with one or more loads of fruit, stationed himself in Westport, within half a mile of a camp-meeting, on land, the owner of which had given his consent, for the purpose of then and there selling such fruit.
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Tort. Trial in the Superior Court, before Oolburn, J., who allowed a bill of exceptions, in substance as follows: It appeared that on Sunday, August 14, 1881, the plaintiff, with one or more loads of fruit, stationed himself in Westport, within half a mile of a camp-meeting, on land, the owner of which had given his consent, for the purpose of then and there selling such fruit. The plaintiff introduced evidence tending to prove that the defendant took under his control, and in his custody and charge, all of said fruit, and kept the same under such control from about nine o’clock in the…
1Opinion of the CourtW. Allen, J.
The defendant did more than to restore the goods he had wrongfully taken. He carried them to a place designated by the plaintiff, and stored them there for him. This was a sufficient consideration for a release or waiver by the plaintiff of the damages for the taking, and the instructions given to the jury were correct.
It is objected that the agreement on which the defendant relies was made on the Lord’s day, and that, for that reason, the defendant cannot avail himself of it. It is a sufficient answer that that objection was not taken in the court below, and no ruling was asked or made in…
2Cited by2 opinions
- Hunt v. BrownMassachusetts Supreme Judicial Court · 1888
- Finer v. City of BostonMassachusetts Supreme Judicial Court · 1956