Morley v. Eastern Express Co.

116 Mass. 97, 1874 Mass. LEXIS 30
Massachusetts Supreme Judicial Court·Decided October 28, 1874·Published·Cited by 5 cases

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

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