Legal Opinion

Koch v. Cambria-Scotia Co.

Massachusetts District Court, Appellate Division

Decided March 21, 1972No. 36365PublishedCited by 2 opinions

1Opinion of the CourtMason, J.

This is an action of tort or contract to recover for the value of a motor vehicle alleged to have been stolen from a parking facility located in Boston, Massachusetts.

The declaration alleges that the defendant’s negligence resulted in the theft of the plaintiff’s vehicle and that the defendant failed to return the vehicle entrusted to its care. The answer of the defendant is a general denial; and an allegation of contributory 'negligence; also that the injury was caused by a person for whose conduct the defendant was not responsible; that the plaintiff assumed the risk; that there was no…

2Cases cited3 opinions

  1. Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
  2. Bankoff v. Coleman Bros.Massachusetts Supreme Judicial Court · 1939
  3. Coco v. LenfestMassachusetts District Court, Appellate Division · 1967

3Cited by2 opinions

  1. White v. Lumbermens Mutual Casualty Co.Massachusetts District Court, Appellate Division · 1983
  2. Mishara v. Bankers Marketing Services, Inc.Massachusetts District Court, Appellate Division · 1989

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