Lincoln v. Gay
Massachusetts Supreme Judicial Court
Conteact, to recover, for injury to the plaintiff’s dress pattern in making the same up on the wrong side of the cloth. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Conteact, to recover, for injury to the plaintiff’s dress pattern in making the same up on the wrong side of the cloth. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The defendant, who was a dressmaker, testified that the plaintiff instructed her to make up the dress on the wrong side of the goods, and introduced evidence showing that the plaintiff tried on the garment at three different times while it was being made up. The garment was sent by the defendant to the plaintiff’s residence on October 20, 1894, and the defendant…
1Opinion of the CourtMorton, J.
If the dress was delivered to the defendant by the plaintiff without any instructions, the defendant, being a bailee for hire, was held to that degree of skill and care in the particular occupation in which she was engaged, which was that of a dressmaker, which would enable her to do the work intrusted to her in a reasonable and proper manner. Jackson v. Adams, 9 Mass. 484. Story, Bailments, § 431, and cases cited. Her understanding that it was a proper way to make the dress up wrong side out would' be immaterial, therefore, if in the exercise of a proper degree of skill and care the dress…
2Cases cited3 opinions
- Tracy v. LincolnMassachusetts Supreme Judicial Court · 1887
- Stiff v. AshtonMassachusetts Supreme Judicial Court · 1891
- Jackson v. AdamsMassachusetts Supreme Judicial Court · 1813
3Cited by20 opinions
- Shepard & Morse Lumber Co. v. EldridgeMassachusetts Supreme Judicial Court · 1898
- Pan-American Petroleum Transp. Co. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1922
- Exchange Realty Co. v. BinesMassachusetts Supreme Judicial Court · 1939
- Huntress v. HanleyMassachusetts Supreme Judicial Court · 1907
- Douglass v. HartSupreme Court of Connecticut · 1925
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