Marsland v. Murray
Massachusetts Supreme Judicial Court
Tort for injuries received by a kick from the defendant’s horse. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows.
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Tort for injuries received by a kick from the defendant’s horse. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. There was evidence that the plaintiff, on the day of the accident, was between four and five years old, and lived with his parents, within fifty yards of the defendant’s premises; that the defendant’s horse was seen on the highway about three quarters of an hour before the accident, unattended, and without harness or bridle; that screams were heard, and immediately afterwards the plaintiff was seen lying back of the horse’s…
1Opinion of the CourtC. Allen, J.
It is not contended, in behalf of the defendant, in the argument, that he was free from negligence in permitting his horse to be unharnessed and unattended upon the *93highway. See Barnes v. Chapin, 4 Allen, 444; Lyons v. Merrick, 105 Mass. 71; Goodman v. Gay, 15 Penn. St. 188. But he contends that there was no sufficient evidence to show that the plaintiff’s injury was received from a kick of the horse, or that the plaintiff was himself in the exercise of due care; and these are the only questions we have to consider.
1. The evidence, if believed, was ample to warrant the jury in finding that…
2Cases cited7 opinions
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
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3Cited by14 opinions
- Woodman v. HaynesMassachusetts Supreme Judicial Court · 1935
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
- Passamaneck's Admr. v. Louisville Railway Co.Court of Appeals of Kentucky · 1895
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