Maguire v. American Railway Express Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff when, as she was rightfully upon a highway, she was struck by a box which fell from a wagon of the defendant drawn by a runaway horse. Writ dated April 16, 1919. In the Superior Court, the action was tried before Keating, J. Material evidence is described in the opinion.
Read the full summary
Tort for personal injuries received by the plaintiff when, as she was rightfully upon a highway, she was struck by a box which fell from a wagon of the defendant drawn by a runaway horse. Writ dated April 16, 1919. In the Superior Court, the action was tried before Keating, J. Material evidence is described in the opinion. At the close of the evidence, the judge ordered a verdict for the defendant and reported the action-for determination by this court, it being agreed that, if the ruling of the trial judge was wrong, judgment should be entered for the plaintiff in the sum of $500; and, if…
1Opinion of the CourtCrosbY, J.
The defendant’s driver, having finished delivering his load on the afternoon of November 26, 1918, drove into an alley which ran into Boylston Street in Brookline, tied his horse with one of the reins to a post, and went into a nearby restaurant to get his dinner. Soon afterwards the horse broke the fastening and ran out into Boylston Street, the wagon struck a post near the corner of the alley and the street and several boxes fell from the wagon, one of which struck and injured the plaintiff who' was rightfully in the highway. It appeared that there was considerable street railway traffic on…
2Cases cited8 opinions
- Turner v. PageMassachusetts Supreme Judicial Court · 1904
- Hayes v. WilkinsMassachusetts Supreme Judicial Court · 1907
- Hardiman v. WholleyMassachusetts Supreme Judicial Court · 1899
- Dix v. Somerset Coal Co.Massachusetts Supreme Judicial Court · 1914
- Herrick v. SullivanMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Verna v. Boston Transcript Co.Massachusetts Supreme Judicial Court · 1934