Murdock v. New York & Boston Despatch Express Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while riding a bicycle by being struck by a runaway horse. At the trial in the Superior Court, before Braley, J., the defendant requested the judge to rule that the plaintiff could not recover. The judge declined so to rule. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for running the plaintiff down by a runaway horse. It is not for us to consider what our verdict would be on the printed report, but only whether, on the evidence, the presiding judge could have taken it from the jury. The horse was left standing close behind a wagon, and, it would seem likely, caught its bridle on a T-shaped handle of a door in the rear of the wagon, pulled its bridle off, and in this way was started on its run. There was testimony that the horse was fastened by a strap to a twenty-pound weight when he was left. But there was no weight attached at the…
2Cases cited7 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Welch v. WareMichigan Supreme Court · 1875
- McNamara v. Village of ClintonvilleWisconsin Supreme Court · 1885
- Collins v. DodgeSupreme Court of Minnesota · 1887
- Rumsey v. NelsonSupreme Court of Vermont · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kane v. Fields Corner Grille, Inc.Massachusetts Supreme Judicial Court · 1961
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- Shea v. RettieMassachusetts Supreme Judicial Court · 1934
- Woodman v. HaynesMassachusetts Supreme Judicial Court · 1935
- Antokol v. BarberMassachusetts Supreme Judicial Court · 1924
9 more not listed; retrieve them via the Exa API.