West v. Poor
Massachusetts Supreme Judicial Court
Two actions op tort, the first by a child, by her father and next friend, for personal injuries received on September 13, 1905, in the manner stated in the opinion, and the second by the father of the plaintiff in the first case for expenses incurred for surgical treatment and care by reason of her injuries. Writs dated February 10 and 24, 1906. In the Superior Court Wait, J., ordered verdicts for the defendant ; and the plaintiffs alleged exceptions.
Read the full summary
Two actions op tort, the first by a child, by her father and next friend, for personal injuries received on September 13, 1905, in the manner stated in the opinion, and the second by the father of the plaintiff in the first case for expenses incurred for surgical treatment and care by reason of her injuries. Writs dated February 10 and 24, 1906. In the Superior Court Wait, J., ordered verdicts for the defendant ; and the plaintiffs alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtMorton, J.
The defendant supplied milk to the plaintiff’s . father, and on the morning of the accident, as he came back to his wagon from delivering milk at a house near by, he’ found in the wagon the plaintiff, who was a little more than five years of age, her sister, between two and three, and two others, of seven and four respectively, children of a neighbor and playmates of the plaintiff. The wagon was what is known as a low-down closed milk wagon with doors at the sides and the floor about a foot from the ground. The defendant had frequently given the children a ride. The defendant drove a short…
2Cases cited5 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Hart v. ColeMassachusetts Supreme Judicial Court · 1892
- Massell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by52 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Crawford v. FosterCalifornia Court of Appeal · 1930
- Comeau v. ComeauMassachusetts Supreme Judicial Court · 1934
- Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
- Lyttle v. MontoMassachusetts Supreme Judicial Court · 1924
47 more not listed; retrieve them via the Exa API.