Norris v. Anthony
Massachusetts Supreme Judicial Court
Tort against David M. Anthony and E. C. Swift, described as partners, doing business under the firm name of Anthony, Swift and Company, for personal injuries from being run over or knocked down by a horse and wagon driven by one Ely alleged to have been a servant of the defendants on Mott Street in Fall River on November 4, 1904. Writ dated January 21, 1905, In the Superior Court the case was tried before Bell, J. The plaintiff at the time of the accident was one year and…
Read the full summary
Tort against David M. Anthony and E. C. Swift, described as partners, doing business under the firm name of Anthony, Swift and Company, for personal injuries from being run over or knocked down by a horse and wagon driven by one Ely alleged to have been a servant of the defendants on Mott Street in Fall River on November 4, 1904. Writ dated January 21, 1905, In the Superior Court the case was tried before Bell, J. The plaintiff at the time of the accident was one year and nine months old and~was in charge of his grandmother who lived on the west side of Mott Street. The contentions of the…
1Opinion of the CourtHammond, J.
The defendants contend that there was contributory negligence upon the part of the grandmother who had the care of the child, that Ely, the driver of the team, was not negligent, and that there was no evidence that at the time of the accident he was acting as the servant of the defendants. Upon each of these three points the case is very close and the evidence such that a finding for the defendants upon each of them might well have been expected.
1. As to the care exercised by the custodian. She testified “ It • was around two o’clock and the child was in my care, and I had an occasion to go…
2Cases cited2 opinions
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Walsh v. LooremMassachusetts Supreme Judicial Court · 1901
3Cited by10 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Grella v. Lewis Wharf Co.Massachusetts Supreme Judicial Court · 1912
5 more not listed; retrieve them via the Exa API.