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ARMOUR & CO., INC. v. RUSH DELIVERY SERV. INC.

10 Mass. App. Ct. 494 (1980)

409 N.E.2d 792

ARMOUR & CO., INC. vs. RUSH DELIVERY SERVICE, INC.

Appeals Court of Massachusetts, Suffolk.

September 15, 1980.

Attorney(s) appearing for the Case

John J. McNaught, Jr. (Alice Olsen with him) for the defendant.

Charles Mark Furcolo (Thomas Burns with him) for the plaintiff.

Present: GOODMAN, DREBEN, & KASS, JJ.

DREBEN, J.

Armour & Co., Inc. (Armour), sought to recover from Rush Delivery Service, Inc. (Rush), a licensed common carrier, the value of a cargo of meat which had been stolen from a trailer. Rush acknowledged at trial that if it had common carrier status at the time of the theft, it would be strictly liable for the loss without any showing of negligence. Norway Plains Co. v. Boston & Me. R.R., 1 Gray 263, 270 (1854). W.H. Blodget Co.

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