Massachusetts Supreme Judicial Court January 11, 1908 (Clark v. American Express Co.)

Losing, J.

The underlying trouble with the argument of the defendant’s counsel is twofold. In the first place he assumes that the rights of the plaintiff depend upon the actual situation and not on what appeared to the plaintiff to be the actual situation ; and in the second place he assumes that what his evidence showed to have been the fact must be assumed to have been the fact unless directly