Driscoll v. Scanlon
Massachusetts Supreme Judicial Court
Tobt for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant’s servant. Trial in the Superior Court, before Sherman, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries. The plaintiff was a boy of nine. He was invited to drive upon a dump cart drawn by two horses belonging to the defendant, and driven by the defendant’s son, who was employed by him as a teamster. The plaintiff got upon the cart, and soon was asked by the driver to take the reins, which he did. The driver went to sleep, one of the reins was dropped by the plaintiff, and in trying to catch it he fell off and was hurt. The case is here on exceptions to a ruling that the plaintiff could not recover.
We are of opinion that the ruling was right. It was not…
2Cases cited3 opinions
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Powers v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by44 opinions
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
39 more not listed; retrieve them via the Exa API.