Legal Opinion

Cowen v. Kirby

Massachusetts Supreme Judicial Court

Decided February 27, 1902PublishedCited by 33 opinions

Tort against the proprietor of a public stable in New Bed-ford for injuries to the plaintiff from a carriage hoist coming down on him while he was putting a package into his wagon then in charge of the defendants. Writ dated February 2,1900. In the Superior Court, Lawton, J. ordered a verdict for the defendants; and the plaintiff alleged exceptions.

1Opinion of the CourtBarker, J.

The defendants kept a stable situated at the corner of two streets, and as a part of their business took in for keeping and care the vehicles and horses of those persons who might come for that service. Upon the ground floor was a large room into which teams were driven from one of the streets, and in which horses were unhitched and hitched up and vehicles were stored. Out of this room opened a number of doors, one of which led to stalls where the horses were kept, two led to harness rooms, one to a ladies’ waiting room, and one to an office. The two latter doors were near the team entrance,…

2Cases cited8 opinions

  1. Plummer v. DillMassachusetts Supreme Judicial Court · 1892
  2. Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
  3. Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
  4. Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
  5. Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899

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3Cited by33 opinions

  1. Briney v. Illinois Central RailroadIllinois Supreme Court · 1948
  2. Keeran v. Spurgeon Mercantile Co.Supreme Court of Iowa · 1922
  3. Brooks v. Sears, Roebuck & Co.Massachusetts Supreme Judicial Court · 1939
  4. Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
  5. O'Brien v. Harvard Restaurant & Liquor Co.Massachusetts Supreme Judicial Court · 1941

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