Lynch v. Smith
Massachusetts Supreme Judicial Court
Tort in the plaintiff’s name by his next friend for injuries alleged to have been caused on December 3,1866, by the negligence of the defendant’s servant in driving a pair of horses, drawing a hack, over the plaintiff, who at the time of the accident was crossing Henly Street in Charlestown and using due care. The answer denied that the driver was negligent, and that the plaintiff used due care.
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Tort in the plaintiff’s name by his next friend for injuries alleged to have been caused on December 3,1866, by the negligence of the defendant’s servant in driving a pair of horses, drawing a hack, over the plaintiff, who at the time of the accident was crossing Henly Street in Charlestown and using due care. The answer denied that the driver was negligent, and that the plaintiff used due care. At the trial in the superior court, before Brigham, J., the plaintiff’s evidence tended to show that he was born May 2, 1862; lived in Chelsea Place in Charlestown; was admitted to a primary school on…
1Opinion of the CourtChapman, C. J.
The plaintiff’s declaration alleges that the defendant was driving a hack drawn by a pair of horses, in and . along Henly Street in Charlestown, by his servant, and carelessly ran over the plaintiff, (who was crossing the street arid using due care,) and injured him. The answer puts these allegations in issue.
It appeared in evidence that the plaintiff was a child four years and seven months old, and of the ability and intelligence. of the average of children attending the public schools of the age of five years, and was attending the common school. He was crossing the street on his way home…
2Cases cited2 opinions
- Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
- Mulligan v. CurtisMassachusetts Supreme Judicial Court · 1868
3Cited by34 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Reed v. City of MadisonWisconsin Supreme Court · 1892
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