Corey v. Havener
Massachusetts Supreme Judicial Court
Two ACTIONS OB TORT by the same plaintiff against different defendants for injuries to the plaintiff and to his wagon caused by the alleged negligence of both defendants each operating a separate gasoline motor tricycle at an illegal and dangerous rate of speed and frightening the plaintiff’s horse.
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Two ACTIONS OB TORT by the same plaintiff against different defendants for injuries to the plaintiff and to his wagon caused by the alleged negligence of both defendants each operating a separate gasoline motor tricycle at an illegal and dangerous rate of speed and frightening the plaintiff’s horse. Writs dated December 22, 1900. In the Superior Court the two cases were tried together before Pierce, J. It appeared, that the plaintiff, who was very deaf and could only hear by the use of an ear trumpet, was driving slowly in a wagon along Shrewsbury Street, a public street and main thoroughfare…
1Opinion of the CourtLathrop, J.
The only question which arises in these cases is whether the judge erred in refusing to give the instructions requested. The bill of exceptions does not set forth what instructions were given, and we must assume that they were appropriate to the case as presented by the evidence, and were correct.
The verdict of the jury has established the fact that both of the defendants were wrongdoers. It makes no difference that there was no concert between them, or that it is impossible to determine what portion of the injury was caused by each. If each contributed to the injury, that is enough to bind…
2Cases cited7 opinions
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Boston & Albany Railroad v. ShanlyMassachusetts Supreme Judicial Court · 1871
- McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
- Galvin v. ParkerMassachusetts Supreme Judicial Court · 1891
- Savage v. StevensMassachusetts Supreme Judicial Court · 1880
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3Cited by44 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
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- Mahoney v. BeatmanSupreme Court of Connecticut · 1929
- Esmark, Inc. v. National Labor Relations Board, United Food & Commercial Workers International Union, Afl-Cio, IntervenorCourt of Appeals for the Seventh Circuit · 1989
- Brenda Payton v. Abbott Labs, Eli Lilly and CompanyCourt of Appeals for the First Circuit · 1985
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