Howe v. Newmarch
Massachusetts Supreme Judicial Court
Tort to recover damages sustained by reason of the negligence of the defendant’s servant, in driving against the plaintiff in Cambridge. At the trial in the superior court, before Vose, J., it appeared that the defendant was a baker and employed William S. Brown to drive his wagon and deliver bread to his customers. There was a city ordinance prohibiting riding or driving upon any sidewalk in Cambridge.
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Tort to recover damages sustained by reason of the negligence of the defendant’s servant, in driving against the plaintiff in Cambridge. At the trial in the superior court, before Vose, J., it appeared that the defendant was a baker and employed William S. Brown to drive his wagon and deliver bread to his customers. There was a city ordinance prohibiting riding or driving upon any sidewalk in Cambridge. The plaintiff introduced evidence tending to show that on the morning of July 9th 1857 he came upon a sidewalk in Cambridge, in front of a house owned by him, and turning to walk upon it he…
1Opinion of the CourtHoar, J.
The second instruction requested by the plaintiff at the trial, that “ if at the time of the injury the defendant’s servant was engaged in the business of the defendant, and within the scope of his duty as such servant, and he drove the horse over the plaintiff and did him an injury, the defendant is responsible, whether the act was done wilfully or negligently, the plaintiff being in the exercise of due care himself,” seems to have been stated with substantial accuracy. It makes the test of the defendant’s liability, not the intention of the servant, but the fact that the injurious act was…
2Cases cited1 opinion
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
3Cited by13 opinions
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- Wesley Ex Rel. Wesley v. LeaSupreme Court of North Carolina · 1960
- Dover v. . Manufacturing Co.Supreme Court of North Carolina · 1911
- Dover v. Mayes Manufacturing Co.Supreme Court of North Carolina · 1911
- La Bella v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1930
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