219 Mass. 247 | Mass. | 1914
There was evidence of negligence on the part of Gleason and his employees in the packing, handling and moving of the plaintiff’s furniture; and it is now conceded that the jury properly could find that these men legally were the agents and servants of the defendant. The contention of the defendant is that the plaintiff, by accepting the printed receipt without objection, is bound by the “terms and conditions” therein contained and thereby has relieved it from responsibility for the negligence of its agents; and further that it is exempt from liability by the failure of the plaintiff to give notice in writing within thirty days after the damage occurred, as required by the provisions of that receipt.
The only exception taken by the defendant was to the judge’s refusal to rule that on all the evidence the plaintiff was not entitled to recover. We are of opinion that this ruling was rightly refused. There was ample evidence that an oral contract was made on or before July 29,1911, by which,the defendant company agreed to pack and move the furniture. Much if not all of the
We have not found it necessary to consider the validity or effect of the terms and conditions inserted in the printed receipt. See St. 1907, c. 582, § 4.
Exceptions overruled.