Hall v. Corcoran
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendants hired the plaintiff’s horse and sleigh to drive from South Adams to North Adams and back in a prudent, careful and proper manner, and drove the same beyond North Adams to Clarksburg wrongfully, and managed and drove the horse so improperly, unskilfully and wrongfully on their return from Clarksburg to North Adams that the horse ran with the sleigh, and broke the sleigh and injured itself.
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Tort. The declaration alleged that the defendants hired the plaintiff’s horse and sleigh to drive from South Adams to North Adams and back in a prudent, careful and proper manner, and drove the same beyond North Adams to Clarksburg wrongfully, and managed and drove the horse so improperly, unskilfully and wrongfully on their return from Clarksburg to North Adams that the horse ran with the sleigh, and broke the sleigh and injured itself. The answer denied all the allegations of the declaration; and alleged that, if the defendants ever hired a horse and sleigh of the plaintiff, they never…
1Opinion of the CourtGbay, J.
This bill of exceptions presents the question whether the owner of a horse, who lets it on the Lord’s day to be driven for pleasure to a particular place, can maintain an action of tort against the hirer for driving it to a different place, and, in doing so, injuring it. At the trial in -the superior court, it was ruled that he could not, and that ruling was in accordance with the decision of this court in Gregg v. Wyman, 4 Cush. 822. The only case, known to us, in which that decision has been followed, is Whelden v. Chappel, 8 R. I. 280. And the highest courts of New Hampshire and Maine, in…
2Cases cited7 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Vasse v. SmithSupreme Court of the United States · 1810
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- O'Roak v. Lloyds Casualty Co.Massachusetts Supreme Judicial Court · 1934
- Robbins v. Pacific Eastern Corp.California Supreme Court · 1937
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
55 more not listed; retrieve them via the Exa API.