Legal Opinion

Williams v. Grealy

Massachusetts Supreme Judicial Court

Decided March 15, 1873PublishedCited by 21 opinions

Tobt for damages received by the plaintiff from the runaway horse of the defendant. Trial in the Superior Court, before Lord, J., who, after verdict for the plaintiff, reported the case for the determination of this court.

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Tobt for damages received by the plaintiff from the runaway horse of the defendant. Trial in the Superior Court, before Lord, J., who, after verdict for the plaintiff, reported the case for the determination of this court. At the trial, it appeared that the plaintiff was in the act of crossing Leverett Street, in Boston, on the crossing at the comer of Brighton Street, on her way to a bakery, when the defendant’s horse, which at the time was attached to a light wagon, ran against her at great speed and injured her; that the horse was under the control of the defendant, a teamster, who in the…

1Opinion of the CourtChapman, C. J.

The question is reserved whether the judge erred in refusing to instruct the jury that there was no evidence tending to show that the plaintiff was using due care at the time she received the injury, and is not entitled to recover. She was crossing Leverett Street, which was but twenty-eight feet wide, at the corner of Brighton Street, on her way to a bakery, and was within four feet of the curbstone when the defendant’s runaway horse, attached to a light wagon, ran against her with great speed and injured her. The judge instructed the jury that she was bound to exercise reasonable care, and…

2Cases cited1 opinion

  1. Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870

3Cited by21 opinions

  1. Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
  2. Stringer v. FrostIndiana Supreme Court · 1889
  3. Pearce v. RodellMichigan Supreme Court · 1937
  4. Hanks v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
  5. Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876

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