SHELDON FORWARDING CO. v. BOSTON & MAINE RAILROAD


339 Mass. 679 (1959)

162 N.E.2d 288

SHELDON FORWARDING Co. vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Hampden.

November 5, 1959.


Attorney(s) appearing for the Case

Stephen A. Moynahan, (Charles S. Cohen with him,) for the defendant.

John H. Madden, Jr., (Edward J. Barry with him,) for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WILLIAMS, J.

This is an action of contract or tort originally brought by two plaintiffs, but after discontinuance by one, Sheldon Transfer & Storage Company, was prosecuted only by the other, Sheldon Forwarding Co., on a count sounding in tort to recover damages for the negligent burning of its own property and property of which it was custodian. The action was referred to an auditor who found for the defendant. His findings of fact were not final and the case...

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