[DOWNLOAD] "Sarkesian v. Cedric Chase Photographic" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

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eBook details

• Title: Sarkesian v. Cedric Chase Photographic
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 23, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

WILLIAMS, Justice. This is an action of contract or tort to recover damages for the loss of a roll of photographic film delivered by the plaintiff to the defendant to be developed. The declaration is in two counts and, the count in tort having been waived, the case was tried, before a Judge of the Superior Court sitting without jury, on the count in contract. There was evidence that in May, 1945, the plaintiff, then a soldier in the United States Army stationed overseas, procured the roll of film in question containing thirty-six exposures from the United States Army Signal Corps. He used the film in his camera to take pictures of various places such as battlefields, bombed areas and concentration camps. Having returned to the United States shortly thereafter, he deposited the roll of film with an agency of the defendant in Somerville to be developed. The defendant operated a photographic film development service. While in its possession the film was lost. An offer to replace the lost film with a new roll was not accepted. The plaintiff had intended to make albums containing the pictures obtained from the roll of film and to sell these albums to his comrades in the army at a price of $2.50 per copy, the estimated cost of which was fifty cents. A certain number of orders for the album had been received by the plaintiff. The Judge found for the plaintiff in the sum of $250, the defendant having excepted to the refusal of the Judge to rule as requested that 'the plaintiff was not entitled to recover any damages.' It is contended by the defendant that there is no evidence as to how many, if any, of the thirty-six exposures might have resulted in pictures after development. We are of opinion that there is sufficient evidence to warrant a finding that pictures had been recorded on the film. The plaintiff 'had previously obtained films from the same source and used them in the same camera. These films were developed overseas and when developed showed satisfactory pictures.' To show the occurrence of an event ordinarily evidence of the inherent capacity and strong tendency of something to cause that event is evidence that the event did so result therefrom. Se Wigmore on Evidence, 3d Ed., § 446. The capacity of the plaintiff's camera when operated by the plaintiff to produce pictures on film 'obtained * * * from the same source' having been demonstrated, the probability of a like result in the present case was sufficiently strong to warrant a finding that the development of the film would have revealed pictures. Sargent v. Massachusetts Accident Co., 307 Mass. 246, 250, 251, 29 N.E.2d 825; Epstein v. Boston Housing Authority, 317 Mass. 297, 301, 58 N.E.2d 135, and cases cited. See Thomas v. Spinney, 310 Mass. 749, 752, 39 N.E.2d 753; Commissioner of Corporations & Taxation v. Bullard, 313 Mass. 72, 89, 46 N.E.2d 557, 146 A.L.R. 772; Lubell v. Turner, 314 Mass. 245, 248, 49 N.E.2d 885; Smith v. Rapid Transit, Inc., 317 Mass. 469, 58 N.E.2d 754; Carter v. Yardley & Co., Ltd., 319 Mass. 92, 95, 64 N.E.2d 693, 164 A.L.R. 559.

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