Campbell v. Arnold
Massachusetts Supreme Judicial Court
. Tort for injuries to the plaintiff’s person and to his horse and carriage sustained on May 4, 1912, when the plaintiff was driving his horse attached to his carriage along a public highway in Marsh-field, from being run into by an automobile owned by the defendant and alleged to have been operated negligently and recklessly by one Thompson acting as the agent of the defendant, whereby the plaintiff’s horse was so injured that it had to be killed, his carriage was broken,…
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. Tort for injuries to the plaintiff’s person and to his horse and carriage sustained on May 4, 1912, when the plaintiff was driving his horse attached to his carriage along a public highway in Marsh-field, from being run into by an automobile owned by the defendant and alleged to have been operated negligently and recklessly by one Thompson acting as the agent of the defendant, whereby the plaintiff’s horse was so injured that it had to be killed, his carriage was broken, and the plaintiff was thrown out and injured. Writ dated June 14, 1912. The answer, in addition to a general denial,…
1Opinion of the CourtRttgg, C. J.
The undisputed evidence showed that on a May afternoon the defendant entertained at his summer cottage two women and two men as his guests. The women urged him to take them out in Ms automobile, but he did not want them to go and during most of the afternoon refused to yield to their request. They “kept teasing” him and did “quite a little coaxing” and finally he said in substance: “ Well, you can go if you want to, but don’t be gone very long;” at the same time taMng from Ms pocket and throwing down the key with wMch to unlock the switch of Ms automobile. A man named Thompson was one of the…
2Cases cited2 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Herlihy v. SmithMassachusetts Supreme Judicial Court · 1874
3Cited by18 opinions
- Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Hays v. HoganSupreme Court of Missouri · 1917
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Ballou v. FitzpatrickMassachusetts Supreme Judicial Court · 1933
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