Driscoll v. Nichols

Massachusetts Supreme Judicial Court

Driscoll v. Nichols

71 Mass. 488

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1855

StatusPublished

This text of 71 Mass. 488 (Driscoll v. Nichols) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Driscoll v. Nichols, 71 Mass. 488 (Mass. 1855).

Pincite

Opinion

Thomas, J.

The plaintiff had no legal interest in this dead body, by reason of which he could maintain this action against a carrier without proof of a special contract with himself. And there was, in our opinion, no evidence in the case, which would have warranted a jury in finding such special contract.

There was no agreement, or even request, to carry the box without the body. The one is but the incident of the other, and cannot be severed from it. For taking it without the corpse, the defendants would have been clearly liable in trover.

Plaintiff nonsuit

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Thomas, J.

The plaintiff had no legal interest in this dead body, by reason of which he could maintain this action against a carrier without proof of a special contract with himself. And there was, in our opinion, no evidence in the case, which would have warranted a jury in finding such special contract.

There was no agreement, or even request, to carry the box without the body. The one is but the incident of the other, and cannot be severed from it. For taking it without the corpse, the defendants would have been clearly liable in trover.

Plaintiff nonsuit

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Bluebook (online)

71 Mass. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driscoll-v-nichols-mass-1855.