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LAPP INSULATOR CO. INC. v. BOSTON & MAINE RAILROAD

330 Mass. 205 (1953)

112 N.E.2d 359

LAPP INSULATOR CO., INC. vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Suffolk.

May 6, 1953.

Attorney(s) appearing for the Case

Morris Michelson, for the plaintiff.

Charles E. Holly, for the defendant.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

SPALDING, J.

This is an action of contract or tort, in five counts, to recover the value of goods destroyed by a fire in the defendant's freight house in Concord, New Hampshire. The case was submitted on a "statement of agreed facts" and certain evidence introduced by agreement in lieu of oral testimony. Hence it is not a case stated but an agreement as to evidence. Frati v. Jannini, 226 Mass. 430, 431. Pequod Realty Corp. v. Jeffries,...

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