Massachusetts Supreme Judicial Court, 1884

Harvey v. Murray

Harvey v. Murray
Massachusetts Supreme Judicial Court · Decided January 29, 1884 · Allen
136 Mass. 377; 1884 Mass. LEXIS 112

Counsel

W. W. Doherty, for the defendant., J. F. Wig gin B. M. Fernald, for the plaintiff.

Harvey v. Murray

Opinion of the Court

C. Allen, J.

This case falls fully within the decision in Drake v. White, 117 Mass. 10. Indeed, the mention in the contract now before us, that customary wear and tear are excepted from the defendant’s agreement, furnishes an additional reason for holding that injury from inevitable accident is not excepted.

Exceptions overruled.

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