Wright v. Inhabitants of Templeton
Massachusetts Supreme Judicial Court
Two actions OF tort for injuries to person and property alleged to be caused by a defective railing in a highway in the defendant town. The cases were tried together in the Superior Court, before Colburn, J. The jury returned a verdict for the plaintiffs; and the defendant alleged exceptions, which; appear in the opinion.
1Opinion of the CourtDevens, J.
The defendant contended that there was no evidence that the female plaintiff, who was driving in company *50with another woman, had any control of the horse at the time of the accident, or that such loss of control was momentary only; and therefore asked the court to rule that the defendant was entitled to a verdict. An examination of the evidence shows that this ruling should not have been given.
The horse of the plaintiff, frightened by the lantern of some boys who were fishing, backed and cramped the wheel, bringing it in contact with a defective railing by the side of a pond; the railing gave…
2Cases cited1 opinion
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Hinckley v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1887
- Vogelgesang v. City of St. LouisSupreme Court of Missouri · 1897
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Spaulding v. Inhabitants of WinslowSupreme Judicial Court of Maine · 1883
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