Maggi v. Cutts
Massachusetts Supreme Judicial Court
Tobt for personal injuries alleged to have been sustained by an obstruction in the highway, placed there by the defendant.
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Tobt for personal injuries alleged to have been sustained by an obstruction in the highway, placed there by the defendant. Trial in this court, before Ames, J., who allowed the following bill of exceptions: “ It appeared in evidence in this case, that on the evening of November 19, 1875, at about half past six o’clock, the plaintiff was riding in a wagon through Sewall Street, which, for the purpose of this case, was admitted to be a public way in Salem, and which was about twenty or twenty-one feet wide, and there fell or was thrown from his wagon and received the injuries for which he seeks…
1Opinion of the CourtLord, J.
The fact that a horse driven by the plaintiff misbehaved at the time an injury was received, though such misbehavior contributed to the injury, does not necessarily preclude the party from recovering. The misbehavior may have been accidental, or from causes for which the plaintiff was under no responsibility. The misbehavior, to bar the plaintiff from recovering, must be either through the fault of the plaintiff, or by reason of a vice of the horse, for which the plaintiff is in law responsible. Whether or not it is a vice depends largely upon the question whether the misbehavior was only in…
2Cited by12 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Walrod v. Webster CountySupreme Court of Iowa · 1900
- McCarragher v. . RogersNew York Court of Appeals · 1890
- Leary v. KeithMassachusetts Supreme Judicial Court · 1926
- Broderick v. HigginsonMassachusetts Supreme Judicial Court · 1897
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