Wheelden v. Lyford
Supreme Judicial Court of Maine
Facts agreed. The parties stated their cases as follows : Two actions, one upon account annexed for horse hire, the other in tort for damage to the team, through defendant’s negligence while in his possession, under said contract of hire. The team was hired and used for pleasure on Sunday, December 21, 1890, and was injured by defendant’s negligence, as aforesaid, and returned in a damaged condition.
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Facts agreed. The parties stated their cases as follows : Two actions, one upon account annexed for horse hire, the other in tort for damage to the team, through defendant’s negligence while in his possession, under said contract of hire. The team was hired and used for pleasure on Sunday, December 21, 1890, and was injured by defendant’s negligence, as aforesaid, and returned in a damaged condition. The pleadings were the general issue in both oases, with a brief statement setting up the Sunday law as a defense. If the actions were maintainable, or either of them, the defendant was to be…
1Opinion of the CourtEmery, J.
The defendant on Sunday or Lord’s day, hired' of the plaintiff a team for the purpose of pleasure driving on the-same day. The defendant used the team for that purpose on-that day as the plaintiff supposed he would, and while so using-the team he injured it, not “wilfully, but solely by his negligence.. He returned the team to the plaintiff in a damaged condition on-the same day and refused to pay for the injury or the hire. The-plaintiff, thereupon, afterward brought these two actions, one in-case for the injury caused by the defendant’s negligence, the-other in assumpsit for the hire. The…
2Cited by5 opinions
- Chenard v. Marcel MotorsSupreme Judicial Court of Maine · 1978
- Baxter v. MacgowanSupreme Judicial Court of Maine · 1933
- Payson v. CohenSupreme Judicial Court of Maine · 1962
- Beacham v. Proprietors of Portsmouth BridgeSupreme Court of New Hampshire · 1895
- Meloon v. DavisCourt of Appeals for the First Circuit · 1923