Lane v. Atlantic Works
Massachusetts Supreme Judicial Court
Tobt. The declaration was as follows: “ And the plaintiff says that the defendants carelessly left a track, loaded with iron, in Marion Street, a public highway in Boston, for the space of twenty minutes and more; and the iron on said truck was so carelessly and negligently placed that it would easily fall off; and the plaintiff was walking in said highway, and was lawfully in said highway, and lawfully using said highway, and in the exercise of due care; and said iron upon…
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Tobt. The declaration was as follows: “ And the plaintiff says that the defendants carelessly left a track, loaded with iron, in Marion Street, a public highway in Boston, for the space of twenty minutes and more; and the iron on said truck was so carelessly and negligently placed that it would easily fall off; and the plaintiff was walking in said highway, and was lawfully in said highway, and lawfully using said highway, and in the exercise of due care; and said iron upon said truck was thrown and fell therefrom upon the plaintiff in consequence of the defendants’ carelessness, and the…
1Opinion of the CourtWells, J.
1. Whether the defendant was in fault in leaving the truck in the street, or in leaving it insecure, and whether the occurrence, by which the plaintiff received his injury, was one which might reasonably have been apprehended as the result of .Finch negligent conduct, and was in fact a result thereof, were questions for the jury; the burden of proof being on the plaintiff.
2.. If these points should be found in favor of the plaintiff, the fault of the older boy, Horace Lane, in moving the tongue of the truck, would not prevent recovery from the defendant, although it contributed to the result.…
2Cases cited1 opinion
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by19 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Atkinson v. Goodrich Transportation Co.Wisconsin Supreme Court · 1884
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Weick v. LanderIllinois Supreme Court · 1874
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