Legal Opinion

Perham v. Coney

Massachusetts Supreme Judicial Court

Decided January 19, 1875PublishedCited by 7 opinions

Tort for negligence in the use of a horse and carriage hired by-the defendant of the plaintiffs ; with a count for the conversion @f the same.

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Tort for negligence in the use of a horse and carriage hired by-the defendant of the plaintiffs ; with a count for the conversion @f the same. At the trial in the Superior Court, before Brigham, C. J., the plaintiffs’ evidence tended to show that they were keepers of a livery stable in Wakefield, and let the horse and carriage to the defendant to go to Lynnfield Centre; that the defendant drove beyond Lynnfield and went to Peabody, and that the horse and carriage were returned in a damaged condition. The defendant’s evidence tended to show that he hired the horse and carriage without stating…

1Opinion of the Court

By the Court.

The instructions given were in accordance with the law as settled in the cases cited by the counsel on both sides, and accurately and sufficiently covered all the questions at issue. The first paragraph of the instructions applied to the count for a conversion of the horse, and the second to the count . for negligence. Exceptions overruled.

2Cited by7 opinions

  1. Hanna v. ShawMassachusetts Supreme Judicial Court · 1923
  2. Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
  3. Blair v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1935
  4. Sidney Blumenthal & Co. v. United StatesCourt of Appeals for the Second Circuit · 1929
  5. DeVoin v. Michigan Lumber Co.Wisconsin Supreme Court · 1885

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