White v. Lang
Massachusetts Supreme Judicial Court
Tobt, under the Gen. Sts. c. 88, § 59, to recover double the amount of damage alleged to have been caused by the defendant’s dog. Answer, a general denial.
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Tobt, under the Gen. Sts. c. 88, § 59, to recover double the amount of damage alleged to have been caused by the defendant’s dog. Answer, a general denial. At the trial in the Superior Court, before Pitman, J., without a jury, it appeared that the plaintiff, on Sunday, April 8, 1877, was driving his horse and buggy along a public highway in the city of Boston; that, while so driving, the defendant’s dog jumped at the head of the plaintiff’s horse and frightened him so that he became unmanageable, ran, and overturned the buggy, whereby the same and other property of the plaintiff was damaged ;…
1Opinion of the CourtMorton, J.
We must assume, for the purposes of this case, that the plaintiff was unlawfully travelling on the Lord’s day. But this fact does not defeat his right to recover, unless his unlawful act was a contributory cause of the injury he sustained. McGrath v. Merwin, 112 Mass. 467. Marble v. Ross, 124 Mass. 44, and cases cited. It has been held in this Commonwealth that if a person, who is unlawfully travelling on the Lord’s day, is injured by a defect in the highway, or by a collision with the vehicle of another traveller, he cannot recover for the injury. This is upon the ground that his illegal act…
2Cases cited6 opinions
- Marble v. RossMassachusetts Supreme Judicial Court · 1878
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Le Forest v. TolmanMassachusetts Supreme Judicial Court · 1875
- McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
- Connolly v. City of BostonMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- Potter v. GilmoreMassachusetts Supreme Judicial Court · 1933
- Delaware, Lackawanna & Western Railroad v. TrautweinSupreme Court of New Jersey · 1889
8 more not listed; retrieve them via the Exa API.