Neff v. Inhabitants of Wellesley
Massachusetts Supreme Judicial Court
Tout for personal injuries sustained by the plaintiff while travelling on foot in the highway, in a collision with a wagon and horses driven by a servant of the defendant, on February 1,1887. At the trial in the Superior Court, before Brigham, C. J., on the questions whether the driver of the horses and wagon was a servant of the defendant, for whose negligence it was responsible, and whether the plaintiff was in the exercise of due care, evidence was introduced tending to…
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Tout for personal injuries sustained by the plaintiff while travelling on foot in the highway, in a collision with a wagon and horses driven by a servant of the defendant, on February 1,1887. At the trial in the Superior Court, before Brigham, C. J., on the questions whether the driver of the horses and wagon was a servant of the defendant, for whose negligence it was responsible, and whether the plaintiff was in the exercise of due care, evidence was introduced tending to prove the following facts. At the annual town meeting, held in March, 1886, the defendant town elected the same three…
1Opinion of the CourtKnowlton, J.
To determine whether the defendant town is liable for the negligence of Crawford in driving its team, we must answer two questions: First, Was the business in which Crawford was employed such that engaging in it would subject a city or town to liability for negligence in conducting it? Secondly, Was he a servant of the town, or was he a representative of a board of public officers acting independently, merely in the performance of a public duty ?
It is a general rule, that a town is not liable for the negligence of its agents or servants in a matter in which it has no interest, and which has…
2Cases cited6 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Worden v. City of New BedfordMassachusetts Supreme Judicial Court · 1881
- Smith v. WildesMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
35 more not listed; retrieve them via the Exa API.