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S. ALBERTSON CO. INC. v. GREAT NORTHERN RAILWAY

342 Mass. 326 (1961)

173 N.E.2d 267

S. ALBERTSON COMPANY, INC. vs. GREAT NORTHERN RAILWAY COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 30, 1961.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., for the defendant.

Robert P. Springer, (David B. Goldberg with him,) for the plaintiff.

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

WILKINS, C.J.

This action against a common carrier for damages due to delayed delivery of a carload of apples was originally brought in the Superior Court, and then transferred to the Municipal Court of the City of Boston under G.L.c. 231, § 102C, inserted by St. 1958, c. 369, § 3. After trial the Municipal Court judge found for the plaintiff in the amount of $201.50. The defendant, without seeking a report to the Appellate Division, requested retransfer...

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