Meservey v. Lockett
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the plaintiff by being knocked down by a horse driven by the defendant. At the trial in the Superior Court, before Dewey, J., there was evidence tending to show that on June 10, 1891, at about half-past eleven o’clock in the evening, the plaintiff, while crossing on foot a street called West Chester Park, in the city of Boston, was knocked down and injured by a horse attached to a buggy driven by the defendant.
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Tort, for injuries occasioned to the plaintiff by being knocked down by a horse driven by the defendant. At the trial in the Superior Court, before Dewey, J., there was evidence tending to show that on June 10, 1891, at about half-past eleven o’clock in the evening, the plaintiff, while crossing on foot a street called West Chester Park, in the city of Boston, was knocked down and injured by a horse attached to a buggy driven by the defendant. The street was about sixty feet wide, and in the centre of it was a double line of street car tracks. Between the outer rail and the curb of the…
1Opinion of the CourtMorton, J.
We think that the instructions given by the presiding justice were correct, and were all that the case required, *335and that those requested by the plaintiff were properly refused. The instructions requested by the plaintiff were based upon the view that the defendant was negligent, or violated the law of the road in being where he was. Neither proposition is correct. So far as concerned the plaintiff, the defendant had a right to be where he was, and violated no law of the road by being there. Lloyd v. Ogleby, 5 C. B. (N. S.) 667. Cotterill v. Starkey, 8 C. & P. 691. Lovejoy v. Dolan, 10 Cush.…
2Cases cited2 opinions
- Broult v. HansonMassachusetts Supreme Judicial Court · 1893
- Norris v. SaxtonMassachusetts Supreme Judicial Court · 1893
3Cited by3 opinions
- Rand v. SymsMassachusetts Supreme Judicial Court · 1894
- Scofield v. MyersIndiana Court of Appeals · 1901
- Hackett v. Alamito Sanitary Dairy Co.Nebraska Supreme Court · 1911