Niagara Fire Insurance v. Lowell Trucking Corp.

This is an action of contract to recover money paid by the plaintiff to a shipper of goods which were stolen while in course of transportation in a truck *653owned by the defendant. The case was heard by a judge of the Superior Court sitting without a jury. He found for the plaintiff and assessed damages in the sum of $1,234.79, and the case comes before us on the defendant’s exceptions to the denial of certain of its requests for rulings.

Material facts disclosed by the evidence are these. The action was brought after Bolta Rubber Co. Inc. v. Lowell Trucking Corp. 304 Mass. 426, was decided. In…