Flynn v. O'Riordan
Massachusetts Supreme Judicial Court
Tort for personal injuries from being struck by one of a pair of horses belonging to the defendant, which were left unattended attached to a dray or caravan standing near the sidewalk of Water Street in Boston. Writ dated January 15, 1910. In the Superior Court the case was tried before Brown, J. “It was agreed that at the time of the accident the horses and team belonged to and were engaged in the business of the defendant transporting United States mail.”
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Tort for personal injuries from being struck by one of a pair of horses belonging to the defendant, which were left unattended attached to a dray or caravan standing near the sidewalk of Water Street in Boston. Writ dated January 15, 1910. In the Superior Court the case was tried before Brown, J. “It was agreed that at the time of the accident the horses and team belonged to and were engaged in the business of the defendant transporting United States mail.” The time of the accident and the way in which it happened are stated in the opinion. At the close of the plaintiff’s evidence the judge…
1Opinion of the CourtDeCourcy, J.
The plaintiff’s due care is not questioned. Upon the issue of the defendant’s negligence the following facts were in evidence. At about 5.30 p. m., on December 2, 1908, the defendant’s two horses attached to a mail wagon were left unattended at the side of the post office building on Water Street in Boston. They were not hitched to any post, nor secured by any weight or otherwise; and no driver appeared upon the scene until about five minutes after the accident. As the plaintiff was walking along the middle of the sidewalk the horses swerved from where they were standing on the street and the…
2Cases cited2 opinions
- Southworth v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1870
- Carey v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by2 opinions
- O'Connor v. HickeyMassachusetts Supreme Judicial Court · 1927
- Karp v. Whiting Milk Co.Massachusetts Supreme Judicial Court · 1941