Holt v. Cutler
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received from being run over by a team negligently driven by a servant of the defendant: Writ dated October 10,19Ó0. At the trial in the Superior Court Lawton, J. at the close of the plaintiff’s evidence ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtLathrop, J.
If we assume in this case that there was enough evidence of due care on the part of the plaintiff to warrant the submission of the case to the jury, we fail nevertheless to find any evidence of negligence on the part of the defendant’s servant.
The servant at the time of the accident was driving a two horse loaded wagon at a walk. The plaintiff, a girl of eighteen, who'was riding a bicycle and going in the same direction as the wagon, attempted to pass on the left between the wagon and the sidewalk, a distance of four or five feet. When she was opposite the middle of the wagon, it swerved or…
2Cited by3 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Hackett v. Alamito Sanitary Dairy Co.Nebraska Supreme Court · 1911
- Haynes v. SpragueOregon Supreme Court · 1931