Noble v. American Express Co.
Massachusetts Supreme Judicial Court
Contract, afterwards by amendment Contract or Tort, for damages resulting from the breaking while in transit of a plaster of Paris model of a bust, delivered to the defendant in Boston for transportation to Brooklyn in the State of New York.
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Contract, afterwards by amendment Contract or Tort, for damages resulting from the breaking while in transit of a plaster of Paris model of a bust, delivered to the defendant in Boston for transportation to Brooklyn in the State of New York. Writ in the Municipal Court of the City of Boston dated August 21, 1918. At the trial in the Municipal Court, it appeared that the plaintiff delivered to the defendant on May 16, 1918, in Boston, a box containing a plaster of Paris model of a bust for transportation to the Roman Bronze Works in Brooklyn in the State of New York. The plaintiff testified…
1Opinion of the CourtDe Courcy, J.
This action against a common carrier is for damages to a plaster of Paris model for a bust, shipped by the plaintiff from Boston to the Roman Bronze Works, at Brooklyn, New York. The judge of the Municipal Court found for the plaintiff. The only question is whether he erred in refusing to grant the defendant’s first and second requests for rulings.
Among the rulings which the judge gave, at the defendant’s request, were these: “5. The burden of proving the defendant’s negligence is upon the plaintiff;” “12. Unless there is some evidence by which it may be determined that it is more probable…
2Cases cited2 opinions
- Canney v. American Express Co.Massachusetts Supreme Judicial Court · 1916
- Astrella v. LaffeyMassachusetts Supreme Judicial Court · 1916
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- Horton v. Town of North AttleboroughMassachusetts Supreme Judicial Court · 1939
- Deyrmanjian v. PalaisMassachusetts Supreme Judicial Court · 1942
- L. L. Cohen & Co. v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1924
- Jerome's Grill, Inc. v. Sea Grill, Inc.Boston Municipal Court · 1951
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