Messenger v. Dennie
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, a boy eight years and nine months old, by being run over by the defendant’s horse and sleigh, on February 17, 1881, on Aspinwall Avenue in Brookline. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
There was no evidence of due care on the part of the plaintiff. He voluntarily and thoughtlessly put himself in a position of great and obvious danger. He suddenly left the sleigh on which he was riding, while it was in motion, in a frequented thoroughfare, and within thirty feet of the defendant’s horse, without looking back or thinking of what might be following. His injury was the natural consequence of his careless act. He was engaged in the sport of riding upon the runners of sleighs in the public streets with the consent of his parents; and, if he was too young to appreciate the danger…
2Cited by28 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Ecliff v. Wabash, St. Louis & Pacific Railway Co.Michigan Supreme Court · 1887
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