Brooks v. Shaw
Massachusetts Supreme Judicial Court
Contract or tort to recover the value of goods of the plaintiff alleged to have been lost by the defendants who, being engaged in business under the name of “ Sawin’s Express,” accepted them for transportation to the plaintiff.
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Contract or tort to recover the value of goods of the plaintiff alleged to have been lost by the defendants who, being engaged in business under the name of “ Sawin’s Express,” accepted them for transportation to the plaintiff. Writ in the Municipal Court of the City of Boston dated April 9,1906. On appeal to the Superior Court, after hearings before Schofield, J., Fessenden, J., and Fox, J., with regard to answers to interrogatories to the defendants filed by the plaintiff, the case was tried before Schofield, J., without a jury, who ruled and refused to rule as stated in the opinion, and…
1Opinion of the Court
RüGG, J.
The defendants first seek to raise questions as to the competency of an interrogatory, which they were compelled *378to answer. The plaintiff objects that this is not open. The record discloses that the matter first came before a justice of the Superior Court, who ordered that the defendants be defaulted on September 27, unless the interrogatory should before that date be answered. The defendants thereupon claimed an exception to said order. Thereafter, the answer not being satisfactory, nor full, a motion was made before another justice of the Superior Court, who entered an order…
2Cases cited7 opinions
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- Lowd v. BrighamMassachusetts Supreme Judicial Court · 1891
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
- Robbins v. Brockton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Spinney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Povey v. Colonial Beacon Oil Co.Massachusetts Supreme Judicial Court · 1936
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
65 more not listed; retrieve them via the Exa API.