Randolph v. O'Riordon
Massachusetts Supreme Judicial Court
Two actions OF tort, brought by a husband and wife, respectively, against Patrick O’Riordon and John Bryant, for personal injuries occasioned to the plaintiffs from a collision between vehicles belonging to the defendants. Writs dated August 28, 1889. The cases were tried together in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Two actions OF tort, brought by a husband and wife, respectively, against Patrick O’Riordon and John Bryant, for personal injuries occasioned to the plaintiffs from a collision between vehicles belonging to the defendants. Writs dated August 28, 1889. The cases were tried together in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. The plaintiffs offered evidence that Mr. Randolph hired the defendant Bryant to superintend the funeral of their grandchild on November 29, 1884, Bryant to furnish the carriages and drivers therefor; that the hack…
1Opinion of the CourtMorton, J.
The presiding judge instructed the jury, in substance, among other things, that they might find one or both of the defendants liable; that in order to find either liable they must find that there was carelessness on the part of his driver, which was the natural, probable, and proximate cause of the accident; and that if the accident was due to the carelessness of both drivers, then both defendants were liable. He also instructed them, that if one driver was careless, and his carelessness was the natural, probable, and proximate cause of the accident, and the other driver was not careless,…
2Cases cited9 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Cuddy v. HornMichigan Supreme Court · 1881
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3Cited by23 opinions
- Bricker v. GreenMichigan Supreme Court · 1946
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Commonwealth v. St. GermainMassachusetts Supreme Judicial Court · 1980
- Bartram v. Town of SharonSupreme Court of Connecticut · 1899
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
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