Morley v. Eastern Express Co.

Wells, J. There was no evidence that the box had not been delivered to Gough, according to the directions with which it was sent by the plaintiff. Giving the fullest effect to the testimony of the plaintiff, it had no more tendency to show that the box was withheld or had been lost by the defendant than by Gough. The burden in this respect was upon the plaintiff, and she failed to maintain it. Smith v. First National Bank in Westfield, 99 Mass. 605. Exceptions sustained.