Morley v. Eastern Express Co.

Massachusetts Supreme Judicial Court

Morley v. Eastern Express Co.

116 Mass. 97, 1874 Mass. LEXIS 30

CourtMassachusetts Supreme Judicial Court

DecidedOctober 28, 1874

StatusPublished

Cited by5 cases

This text of 116 Mass. 97 (Morley v. Eastern Express Co.) 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

Morley v. Eastern Express Co., 116 Mass. 97, 1874 Mass. LEXIS 30 (Mass. 1874).

Pincite

Opinion

Wells, J.

There was no evidence that the box had not been delivered to Gough, according to the directions with which it was sent by the plaintiff. Giving the fullest effect to the testimony of the plaintiff, it had no more tendency to show that the box was withheld or had been lost by the defendant than by Gough. The burden in this respect was upon the plaintiff, and she failed to maintain it. Smith v. First National Bank in Westfield, 99 Mass. 605. Exceptions sustained.

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Wells, J.

There was no evidence that the box had not been delivered to Gough, according to the directions with which it was sent by the plaintiff. Giving the fullest effect to the testimony of the plaintiff, it had no more tendency to show that the box was withheld or had been lost by the defendant than by Gough. The burden in this respect was upon the plaintiff, and she failed to maintain it. Smith v. First National Bank in Westfield, 99 Mass. 605. Exceptions sustained.

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Bluebook (online)

116 Mass. 97, 1874 Mass. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morley-v-eastern-express-co-mass-1874.

Opinion

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