Stacey v. Haverhill, Georgetown & Danvers Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by a grocer for the killing of his horse and the destruction of his delivery wagon by an electric car of the defendant through the alleged negligence of the defendant’s servants on the morning of September 8, 1902, on the northerly side of Salem Street, a highway running from Haverhill to the village of South Groveland, while the plaintiff was taking orders and delivering groceries to customers on Salem Street.
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Tort by a grocer for the killing of his horse and the destruction of his delivery wagon by an electric car of the defendant through the alleged negligence of the defendant’s servants on the morning of September 8, 1902, on the northerly side of Salem Street, a highway running from Haverhill to the village of South Groveland, while the plaintiff was taking orders and delivering groceries to customers on Salem Street. Writ dated October 11, 1902. At the trial in the Superior Court before DeQourcy, J. the plaintiff’s evidence tended to show that he was driving in an ordinary delivery wagon a…
1Opinion of the CourtLathrop, J.
If we assume in favor of the plaintiff that there was some evidence of negligence on the part of the defendant’s motorman in not stopping the car sooner than he did, we are of opinion that the plaintiff did not sustain the burden of proof, which was upon him, of showing that he himself was in the exercise of due care, in leaving the horse unfastened in any way for ten minutes by the side of a street when he knew that a car was about due. The plaintiff sometimes used a weight, and it is evident that if one had been used in this case the accident might not have happened. While there was…
2Cases cited1 opinion
- Southworth v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1870
3Cited by1 opinion
- Carey v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1906