Greenwood v. Callahan
Massachusetts Supreme Judicial Court
Tort by Randolph Greenwood and Othello Greenwood for injury to their horse caused by the negligence of the defendant. At the trial in the Superior Court, before Rockwell, J., there was evidence tending to show that the defendant’s horse and wagon, through his negligence, escaped from his control, and ran away without a driver down Lawrence Street in Lowell; that the plaintiffs occupied a grocery shop on the easterly side of Lawrence Street, which is a frequented public…
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Tort by Randolph Greenwood and Othello Greenwood for injury to their horse caused by the negligence of the defendant. At the trial in the Superior Court, before Rockwell, J., there was evidence tending to show that the defendant’s horse and wagon, through his negligence, escaped from his control, and ran away without a driver down Lawrence Street in Lowell; that the plaintiffs occupied a grocery shop on the easterly side of Lawrence Street, which is a frequented public highway; that the sidewalk on the easterly side was about six feet wide to the curbstone, and the travelled way from that…
1Opinion of the CourtChapman, C. J.
The only question which comes before ns is whether the instruction asked for should have been given. We think it was rightly refused.
Highways are made, not merely for travel, but for such business as may be connected with it. Horses and vehicles may not only be driven along the street, but may be, in proper cases, left standing in it, for a reasonable time, being properly cared for, and a fastening may be sufficient for this purpose. It was not, as matter of law, negligent to leave the plaintiffs’ horse and wagon as it was left, and for the purpose stated, provided the plaintiffs used…
2Cases cited1 opinion
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Chicago & Alton Railroad v. GoodwinIllinois Supreme Court · 1884
- Ahern v. ConcordSupreme Court of New Hampshire · 1926
- Maguire v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1921
- Prieur v. E. H. Stafford Co.Michigan Supreme Court · 1901