Hardiman v. Wholley
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the kick of a horse. At the trial in the Superior Court, before Hammond, J., the jury returned a verdict- for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action to recover for personal injuries caused by the kick of a horse. The wagon to which the horse was attached had stuck in the mud half an hour before the accident, and this horse and another had been unhitched and were feeding out of feed-bags attached to their heads. There was evidence that this horse had been made nervous by the effort to pull the wagon out, and by being brutally beaten, and that he was standing partially on the sidewalk. He was standing at right angles to it, and, as the plaintiff approached, suddenly whirled round and kicked him. The case is here upon an…
2Cases cited4 opinions
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Mercer v. CorbinIndiana Supreme Court · 1889
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
- Marsland v. MurrayMassachusetts Supreme Judicial Court · 1888
3Cited by15 opinions
- Drew v. GrossOhio Supreme Court · 1925
- Fox v. KoehnigWisconsin Supreme Court · 1926
- Walker v. NickersonMassachusetts Supreme Judicial Court · 1935
- Shepard v. SmithIdaho Supreme Court · 1953
- Browder-Manget Co. v. Calhoun Brick Co.Supreme Court of Georgia · 1912
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