Adams v. Graves
Massachusetts Supreme Judicial Court
Trover for two mares. At the trial, in the Court ol Common Pleas, before Williams J., the plaintiff offered evidence tending to prove that the two defendants, Graves and Clapp, hired of the plaintiff the mares in question, together with a wagon, to go to Hinsdale in New Hampshire ; that they drove the mares to Chesterfield, a town seven miles beyond Hinsdale ; and that on their return the mares were much injured.
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Trover for two mares. At the trial, in the Court ol Common Pleas, before Williams J., the plaintiff offered evidence tending to prove that the two defendants, Graves and Clapp, hired of the plaintiff the mares in question, together with a wagon, to go to Hinsdale in New Hampshire ; that they drove the mares to Chesterfield, a town seven miles beyond Hinsdale ; and that on their return the mares were much injured. The defendants contended, that the mares were hired by Clapp alone ; that Graves was a mere passenger, and not responsible in any event; and that by the original contract, the mares…
1Opinion of the Court
Shaw C. J.
afterwards drew up the opinion of the Court. There being no evidence of a hiring by the defendant Graves, we think it was competent for him, in an action charging him as a wrong-doer, jointly with the defendant Clapp, to explain his apparent connexion with the latter, by proving that he was a passenger only. Besides, in the event, this fact became immaterial, there being a verdict in favor of both defendants.
The Court are also of opinion, that the deposition was rightly admitted. By the Rule of Court, (old Rules, 11, in Metcalf’s Dig. 306 ; new Rules, 6,) where a deposition is taken…
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