Legal Opinion

Cornblatt v. Rubenstein

Massachusetts District Court, Appellate Division

Decided December 4, 1937Published

1Opinion of the CourtCarr, J.

This is an action of contract or tort to recover damages for loss of the plaintiff’s automobile found by the trial .'judge to have been stolen from the defendant’s garage. The principal question which the plaintiff seeks to raise by tins appeal is whether the defendant, bailee for hire of the plaintiff’s automobile, has been successful in limiting liability for the loss by theft of the car while in his possession.

It L>as never been held, by this Division that a bailee for hire may, by contract, relieve himself of all liability for the chattel bailed.

In the Bestatement of the Law of Contracts…

2Cases cited11 opinions

  1. Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
  2. Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
  3. Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
  4. Brennan v. Ocean View Amusement Co.Massachusetts Supreme Judicial Court · 1935
  5. DeMello v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1932

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