Richards v. Doe
Massachusetts Supreme Judicial Court
Contract against the defendants as common carriers, for an alleged injury to five casks of sheet zinc, the property of the plaintiffs, and brought from New York to Boston on board the defendants’ vessel. The bill of lading, executed by the defendants’ agent, recited that the goods were “ in good order and condition ” when received.
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Contract against the defendants as common carriers, for an alleged injury to five casks of sheet zinc, the property of the plaintiffs, and brought from New York to Boston on board the defendants’ vessel. The bill of lading, executed by the defendants’ agent, recited that the goods were “ in good order and condition ” when received. At the trial in the superior court, before Morton, J., it appeared that the casks were imported from Liverpool to New York in March 1866, and remained there in store until shipped to the plaintiffs in August 1867; that when the casks were taken on board the…
1Opinion of the CourtHoar, J.
We do not see that the testimony of Dean, which was admitted notwithstanding the plaintiffs’ objection, was in any respect prejudicial to their case. The most that can be said against it is that it was immaterial; and a verdict is not to be set aside merely on account of the admission of immaterial evidence, unless the court can perceive some possible tendency in it to injure the party objecting to it. Commonwealth v. Bailey, 11 Cush. 415. The plaintiffs’ case required them to prove that the zinc had been injured while in the possession of the defendants as carriers. When the defendants…
2Cited by6 opinions
- Joseph Freedman Co. v. North Penn Transfer, Inc.Massachusetts Supreme Judicial Court · 1983
- Shaw v. McGregoryMassachusetts Supreme Judicial Court · 1870
- Canney v. American Express Co.Massachusetts Supreme Judicial Court · 1916
- Witzler v. CollinsSupreme Judicial Court of Maine · 1879
- Plastileather Corp. v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1972
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