Crosman v. City of Lynn
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff’s horse, occasioned by a defect in Union Street, a highway which the defendant was bound to keep in repair.
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Tort for injuries to the plaintiff’s horse, occasioned by a defect in Union Street, a highway which the defendant was bound to keep in repair. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows: It was in evidence that the plaintiff, on April 26,1874, resided in Swampscott, but had his place of business in Lynn, a mile and a quarter from his residence; that his business was that of undertaker; that Michael P. Haven and Kate Haven were then employed by him, and that their mother lived in a tenement over the plaintiff’s shop in Lynn; that…
1Opinion of the CourtGray, C. J.
The evidence would warrant the jury in finding that the maidservant, without any fault on her part, was prevented from returning from her mother’s house to her employer’s on Saturday night, and returned early on Sunday morning for the purpose of preparing needful food for her employer’s *303family, which was a work of necessity, and justified her in travelling, and her employer or his manservant in driving her, on the Lord’s day. Gen. Sts. c. 84, § 1. Rex v. Cox, 2 Burr. 785. The King v. Younger, 5 T. R. 449. Commonwealth v. Sampson, 97 Mass. 407, 409. Exceptions sustained.
2Cases cited1 opinion
- Commonwealth v. SampsonMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Gerretson v. Rambler Garage Co.Wisconsin Supreme Court · 1912
- Buck v. City of BiddefordSupreme Judicial Court of Maine · 1890
- Chadwick v. StokesCourt of Appeals for the Third Circuit · 1947
- Donovan v. McCartyMassachusetts Supreme Judicial Court · 1892
- Carver v. StateIndiana Supreme Court · 1879
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