Legal Opinion

Goodwin v. E. B. Nelson Grocery Co.

Massachusetts Supreme Judicial Court

Decided June 28, 1921PublishedCited by 33 opinions

Tort, for personal injuries caused by the bite and scratches of a cat owned by the defendant. Writ dated June 20, 1919. In the Superior Court the action was tried before White; J. Material evidence is described in the opinion. At the close of the evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtRugg, C. J.

This is an action of tort wherein the plaintiff seeks to recover compensation for injuries received by her from a cat of the defendant while a customer in its store. It is essential for the plaintiff to prove due care on her own part in order to recover. Hathaway v. Tinkham, 148 Mass. 85, 88. Raymond v. Hodgson, 161 Mass. 184. Warrick v. Farley, 95 Neb. 565, 572. The plaintiff testified to a fight between her dog, which she called into the store, and the defendant’s cat. Then she says that they became separated and the cat was “ landed right in front of me. . . was right here in front of me…

2Cases cited16 opinions

  1. Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
  2. Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
  3. Horan v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1914
  4. Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  5. Glassey v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1904

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3Cited by33 opinions

  1. Harlow v. LeclairSupreme Court of New Hampshire · 1927
  2. Kanopka v. KanopkaSupreme Court of Connecticut · 1931
  3. Alamo v. Del RosarioCourt of Appeals for the D.C. Circuit · 1938
  4. Chelefou v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1937
  5. Andrews v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1933

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