(DOWNLOAD) "Morse v. Homer's" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Morse v. Homer's
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 10, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
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DONAHUE, Justice. The plaintiff brought an action in contract or tort in the Municipal Court of the City of Boston seeking
to recover the value of a ring entrusted to the defendant, a corporation which is engaged in the retail jewelry business with
its place of business on Tremont Street in Boston. The trial Judge found for the plaintiff on a count in tort and reported
'rulings and refusals to rule as requested' to the Appellate Division where an order was entered dismissing the report. The defendant filed the following requests for rulings: '1. If the defendant received the ring as a bailee for hire, then,
provided without its negligence, said ring was lost in a robbery of the defendant's store, the defendant is not liable. 2.
If the defendant was a bailee for hire of the ring, the plaintiff cannot recover on the count in tort without proving negligence
on the part of the defendant, the defendant not being an insurer of the ring.' The trial Judge indorsed on the first request
'Denied. See finding of fact' and on the second request 'Denied. I find the defendant negligent.' He made the specific finding
of fact 'I find that the defendant did not use the ordinary care in safeguarding the ring which plaintiff left with defendant.'
The defendant also filed a written motion stating that the defendant moved that 'as a matter of law a finding in its favor
be entered on the * * * [count in tort], and for reason thereof assigns the following: There is no evidence of negligence
on the part of the defendant in the care and custody of the said ring.' The statute and the rules of the Municipal Court contemplate
that the basis of a report to the Appellate Division shall be requests for rulings and not motions. G. L. (Ter.Ed.) c. 231,
§ 108. Rule 28 of the Municipal Court of the City of Boston (1932). See, also, Holton v. American Pastry Products
Corp., 274 Mass. 268, 271, 174 N.E. 663. But if we treat the motion as such a request we think it and the two requests for
rulings were rightly denied by the trial Judge.