Carey v. Milford & Uxbridge Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for the killing of the plaintiff’s horse and injury to his wagon and harness and the contents of the wagon from being run into by a car of the defendant at a place called Braggville between the towns of Milford and Holliston, as the defendant’s car was going from Milford toward Framingham about seven o’clock in the evening of December 8, 1904. Writ dated December 17, 1904. In the Superior Court the case was tried before Pierce, J. The driver employed by' the plaintiff…
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Tort for the killing of the plaintiff’s horse and injury to his wagon and harness and the contents of the wagon from being run into by a car of the defendant at a place called Braggville between the towns of Milford and Holliston, as the defendant’s car was going from Milford toward Framingham about seven o’clock in the evening of December 8, 1904. Writ dated December 17, 1904. In the Superior Court the case was tried before Pierce, J. The driver employed by' the plaintiff had left the team unhitched in the highway in which the defendant’s track runs while he went into a house to deliver…
1Opinion of the CourtKnowlton, C. J.
This case may be divided into two parts, the first relating to the conduct of the plaintiff’s driver in leaving his horse unfastened while he went into a house to deliver groceries, and the second to the conduct of the defendant’s conductor in failing to inform the motorman that there was a horse and wagon astray upon the street, with which there might be danger of collision.
We cannot say, as a matter of law, that the driver was- negligent in momentarily leaving the horse unhitched while he went into the house to deliver groceries. Ordinarily it is negligent to leave a horse and wagon…
2Cases cited2 opinions
- Southworth v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1870
- Stacey v. Haverhill, Georgetown & Danvers Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by3 opinions
- O'Connor v. HickeyMassachusetts Supreme Judicial Court · 1927
- Flynn v. O'RiordanMassachusetts Supreme Judicial Court · 1912
- Dooley v. LairdMassachusetts Supreme Judicial Court · 1927