Massachusetts Supreme Judicial Court, 1874

Morley v. Eastern Express Co.

Morley v. Eastern Express Co.
Massachusetts Supreme Judicial Court · Decided October 28, 1874 · Wells
116 Mass. 97; 1874 Mass. LEXIS 30
Morley v. Eastern Express Co.

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

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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