Southworth v. Old Colony & Newport Railway Co.
Massachusetts Supreme Judicial Court
Tort for the killing of the plaintiffs’ horse and injury of their wagon by a train of the defendants on a highway crossing, of their railroad track in Dorchester, through their alleged negligence.
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Tort for the killing of the plaintiffs’ horse and injury of their wagon by a train of the defendants on a highway crossing, of their railroad track in Dorchester, through their alleged negligence. Trial, and verdict for the defendants, in the superior court, before Putnam, J., who reported this case : “ Edson S. Hawes, a clerk of the plaintiffs, who were traders, testified that his duty was to deliver goods for his employers, and he was using the team for this purpose on the day of the injury; that the plaintiffs had owned the horse three or four months; that he stopped the team at the house…
1Opinion of the CourtAmes, J.
According to the well settled rule in cases of this kind, it was necessary for the plaintiffs to prove that on their part there was no negligence, or want of due and reasonable care, directly contributing to the injury, and that it was caused entirely by the want of such care on the part of the defendants. It was assumed by the learned judge at the trial, that the fact that the horse had escaped from his driver, and was running at large and not under the control of any one, was decisive against the plaintiffs’ right to recover in this action, whatever negligence they might show on the part of…
2Cases cited2 opinions
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
- Fogg v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Wasmer v. . Del., Lacka. and West'n R.R. Co.New York Court of Appeals · 1880
- Ryan v. GilmerMontana Supreme Court · 1877
- Wasmer v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- O'Connor v. HickeyMassachusetts Supreme Judicial Court · 1927
- Darling v. WestmorelandSupreme Court of New Hampshire · 1872
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