Dempsey v. Chambers
Massachusetts Supreme Judicial Court
Tort. Trial in the Superior Court, before Thompson, J., who allowed the following bill of exceptions: “ This was an action to recover for an injury to the plaintiff’s building, the injury consisting in the breaking of a light of plate glass in the front of said building. The plaintiff claimed that the glass was broken by the carelessness of the defendant’s servant.
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Tort. Trial in the Superior Court, before Thompson, J., who allowed the following bill of exceptions: “ This was an action to recover for an injury to the plaintiff’s building, the injury consisting in the breaking of a light of plate glass in the front of said building. The plaintiff claimed that the glass was broken by the carelessness of the defendant’s servant. It appeared at the trial, that the glass was broken by one McCullock, while he was engaged in delivering a load of coal to the plaintiff, which had been ordered by the plaintiff of the defendant, who was a dealer in coal. The…
1Opinion of the CourtHolmes, J.
This is an action of tort to recover damages for the breaking of a plate-glass window. The glass was broken by the negligence of one McCullock, while delivering some coal which had been ordered of the defendant by the plaintiff. It is found as a fact that McCullock was not the defendant’s servant when he broke the window, but that the “ delivery of the coal by McCullock was ratified by the defendant, and that such ratification made McCullock in law the agent and servant of the defendant in the delivery of the coal.” On this finding the court ruled “ that the defendant, by his ratification of…
2Cases cited12 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Hyde v. CooperSupreme Court of Vermont · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- People v. DeforeNew York Court of Appeals · 1926
- Portland Gold Mining Co. v. Stratton's Independence, Ltd.Court of Appeals for the Eighth Circuit · 1907
- Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1926
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
29 more not listed; retrieve them via the Exa API.