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SAWYER & CO. v. SOUTHERN PACIFIC CO.

354 Mass. 481 (1968)

238 N.E.2d 357

SAWYER & COMPANY vs. SOUTHERN PACIFIC COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 13, 1968.

Attorney(s) appearing for the Case

Frank Infelise for the plaintiff.

Earl F. Nauss, Jr., for the defendant.

Richard J. Ferriter for Pennsylvania New York Central Transportation Company, Edmund M. Sweeney & John A. Briggs for Trustees of the New York, New Haven & Hartford Railroad Company, & John J. Nee for Boston & Maine Corporation, amici curiae, submitted a brief.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.

WILKINS, C.J.

This action of contract or tort is in ten counts for damage or decay allegedly caused to five shipments of cantaloupes from California and Arizona where they were delivered in good order or condition for shipment on bills of lading to the defendant as initial carrier. The plaintiff alleges loss and damage suffered while the shipments were in the possession of the defendant. There was a finding for the plaintiff on each of the counts in contract.

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