Lynch v. Richardson
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged viciousness of a horse let to one Michael H. Lynch, the husband of the plaintiff, by the defendant, who was a livery stable keeper in Waltham. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by the alleged viciousness of a horse let to one Michael H. Lynch, the husband of the plaintiff, by the defendant, who was a livery stable keeper in Waltham. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that, on November 1, 1891, Michael H. Lynch sent to the defendant by his sons, who were fourteen and sixteen years old respectively, a written order, “Please deliver to the bearer a horse and two-seated .carriage or carryall and charge the…
1Opinion of the CourtKnowlton, J.
The defendant was a keeper of a livery stable, and the plaintiff’s husband hired of him a horse and carriage for use by the plaintiff and other members of his family. The horse furnished under the contract was advanced in years, and there was evidence from which the jury might have found that it had long had a habit of viciously kicking and trying to run away when started for home, after having been kept out for a considerable time. There was also evidence tending to show that the plaintiff and her driver were free from fault, and in the exercise of due care. It was the duty of the defendant…
2Cases cited2 opinions
- Copeland v. DraperMassachusetts Supreme Judicial Court · 1893
- Horne v. MeakinMassachusetts Supreme Judicial Court · 1874
3Cited by20 opinions
- Bresee v. Los Angeles Traction Co.California Supreme Court · 1906
- Mitchell v. LonerganMassachusetts Supreme Judicial Court · 1934
- Finneran v. WoodCourt of Appeals of Maryland · 1968
- Herbert v. ZieglerCourt of Appeals of Maryland · 1958
- Harris v. Breezy Point Lodge, Inc.Supreme Court of Minnesota · 1953
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