Linnehan v. Sampson
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant, on June 2, 1877, was the owner of a bull; that the bull was wild and vicious, and it was unsafe to drive or permit the bull to go through any public highway, without his being tied down or secured, so as to prevent injury to any person on the highway, all of which the defendant well knew; that the defendant wrongfully, carelessly and negligently drove the bull, so being wild and vicious, and not properly secured, in a certain…
Read the full summary
Tort. The declaration alleged that the defendant, on June 2, 1877, was the owner of a bull; that the bull was wild and vicious, and it was unsafe to drive or permit the bull to go through any public highway, without his being tied down or secured, so as to prevent injury to any person on the highway, all of which the defendant well knew; that the defendant wrongfully, carelessly and negligently drove the bull, so being wild and vicious, and not properly secured, in a certain highway; and that the bull ran with great violence against the plaintiff, he then being on the highway, and injured…
1Opinion of the CourtAmes, J.
The instructions to the jury were sufficiently favorable to the defendant, and were all that the case required. It was ruled that, in order to recover in this action, the plaintiff must prove that the bull had such propensities, known to the defendant; as caused him to be a dangerous animal when led by one person only, in the day-time, upon the streets of a city, in the manner described in the evidence reported in the bill of exceptions ; and also that it must be proved that, in thus leading the bull, the defendant’s servant was negligent, in view of the propensities of the bull known to the…
2Cases cited7 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Chattanooga Light & Power Co. v. HodgesTennessee Supreme Court · 1902
- Harris v. Township of ClintonMichigan Supreme Court · 1887
53 more not listed; retrieve them via the Exa API.