Leonard v. Doherty
Massachusetts Supreme Judicial Court
Tort, against Cornelius Doherty, Ann Doherty, Patrick Doherty, and Joseph Doherty, for personal injuries caused to the plaintiff by being thrown from his wagon while driving along Page Street, a public way in Avon, in consequence of his horse becoming frightened by a sow and pigs alleged to belong to the defendants. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Tort, against Cornelius Doherty, Ann Doherty, Patrick Doherty, and Joseph Doherty, for personal injuries caused to the plaintiff by being thrown from his wagon while driving along Page Street, a public way in Avon, in consequence of his horse becoming frightened by a sow and pigs alleged to belong to the defendants. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that, as he was driving along Page Street about nine o’clock in the evening of September 1, 1895, opposite the farm of the defendant, Ann Doherty,…
1Opinion of the CourtLathrop, J.
But for the fact that the statute of Maine under which the case of Jewett v. Gage, 55 Maine, 538, imposed a penalty upon the owner of swine “ running at large without a keeper,” in addition to' provisions similar to those contained in our Pub. Sts. c. 36, §§ 20-41, that case would be on all fours with the one at bar. In that case the hog was lying by the side of the highway near the owner’s house, and it was held that the owner was liable for injuries caused by his horse being frightened by the hog.
In this Commonwealth there is no statute at the present time directly prohibiting swine from…
2Cases cited5 opinions
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
- Holden v. ShattuckSupreme Court of Vermont · 1861
- Fairman v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1897
- Marsland v. MurrayMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1894
3Cited by12 opinions
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Fox v. KoehnigWisconsin Supreme Court · 1926
- Stewart v. WildSupreme Court of Iowa · 1923
- Walker v. NickersonMassachusetts Supreme Judicial Court · 1935
- Janof v. NewsomCourt of Appeals for the D.C. Circuit · 1931
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