Carson v. Canning
Massachusetts Supreme Judicial Court
Tort against a pawnbroker for the value of certain diamonds and watches pledged by the plaintiff to the defendant and through the alleged negligence of the defendant carried away by the defendant’s absconding manager. Writ dated November 10, 1899. At the trial in the Superior Court, Bell, J. refused certain rulings, requested by the defendant, and allowed* the ease to go to the jury, who returned a verdict for the plaintiff. The defendant alleged exceptions.
1Opinion of the CourtHolmes, C. J.
This is an action to recover the value of chattels pledged by the plaintiff to the defendant and carried off by the defendant’s general manager, one Knight, who absconded with this and other property. The plaintiff had a verdict and the case is here on exceptions to the admission of certain evidence and to the judge’s refusal to take the case from the jury. The plaintiff was allowed to recover on the ground that the absconding manager was an unfit man for his trust, and that the defendant could and would have found it out if he had used ordinary care. In order to prove these propositions the…
2Cases cited3 opinions
- Clarke v. Second National BankMassachusetts Supreme Judicial Court · 1901
- Commonwealth v. StortiMassachusetts Supreme Judicial Court · 1901
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
3Cited by11 opinions
- Leone v. DoranMassachusetts Supreme Judicial Court · 1973
- Foster v. the Loft, Inc.Massachusetts Appeals Court · 1988
- Limone v. United StatesDistrict Court, D. Massachusetts · 2007
- Sousa v. IromeMassachusetts Supreme Judicial Court · 1914
- Heng Or v. EdwardsMassachusetts Appeals Court · 2004
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