Home ANNA M. MCGUNIGLE vs. JAMES T. O'CONNOR & others.

348 Mass. 784

January 27, 1965

This is a petition in equity to set aside two deeds of a certain parcel of real estate made by Bridget O'Connor, late of East Boston. The first deed was executed by Bridget O'Connor on October 30, 1947, and conveyed the property in question to the petitioner, her sister Katherine A. Mahoney, and her brothers Charles J. and Thomas J. O'Connor, as tenants in common. On January 17, 1948, a confirmatory deed running to the same persons was executed by the grantor. The purpose of the deed was to correct an error in the earlier deed. Both deeds were duly recorded. By her will Bridget left all her property to the petitioner. The respondents demurred to the petition and an interlocutory decree was entered sustaining the demurrer. Thereafter a final decree was entered dismissing the petition. The petitioner appealed. There was no error. One of the grounds of the demurrer was that the petition did not set forth facts sufficient to entitle her to the relief sought. Since we are of opinion that the demurrer was rightly sustained on this ground, it is unnecessary to consider the other grounds. The allegations of the petition need not be recited. For present purposes it is enough to say that they fall far short of alleging grounds that would justify setting aside the deeds.

Interlocutory and final decrees affirmed.

Home LABORATORY FOR ELECTRONICS, INC. vs. DOWNING & PERKINS, INC.

348 Mass. 784

January 28, 1965

This is an action of contract or tort to recover from the defendant, a common carrier, for damage to an "azimuth antenna" delivered to it in Philadelphia, Pennsylvania, in good condition and delivered by the defendant to the plaintiff in Boston in a damaged condition. The trial judge made a finding for the defendant. The Appellate Division set aside the finding and ordered a finding for the plaintiff in the sum of $1,150. The antenna was shipped across State lines and the rights and liabilities of the parties are therefore governed by Federal law. 49 U. S. C. Section 20 (11) (1958). 49 U. S. C. Section 319 (1958). We agree with the Appellate Division in concluding that the trial judge was in error in denying certain of the plaintiff's requests for rulings. The Appellate Division was also correct in

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determining that the plaintiff "made out a prima facie case" and that the defendant did not sustain the burden of showing that the damage resulted from a cause for which it was not legally responsible. Bonfiglio v. New York, N. H. & H. R.R. 292 Mass. 287 , 289. Yeckes-Eichenbaum, Inc. v. Texas Mexican Ry. 263 F. 2d 791, 794 (5th Cir.), cert. den. sub nom. Texas Mexican Ry. v. Yeckes-Eichenbaum, Inc. 361 U.S. 827.

Order of Appellate Division affirmed.