Hayes v. Wilkins
Massachusetts Supreme Judicial Court
Tout for personal injuries from being knocked down by a runaway horse belonging to the defendant, at about five o’clock in the afternoon of November 21, 1902, while the plaintiff was lighting a lantern at the corner of Washington Street and Bow Street in that part of Boston called Charlestown to warn travéllers of obstructions incident to the erection of a building which the plaintiff was superintending as a carpenter.
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Tout for personal injuries from being knocked down by a runaway horse belonging to the defendant, at about five o’clock in the afternoon of November 21, 1902, while the plaintiff was lighting a lantern at the corner of Washington Street and Bow Street in that part of Boston called Charlestown to warn travéllers of obstructions incident to the erection of a building which the plaintiff was superintending as a carpenter. Writ dated January 12, 1903. In the Superior Court the case was tried before Bishop, J. The following is a reduced copy of a plan annexed to the record. The defendant was a…
1Opinion of the CourtKnowlton, C. J.
The plaintiff was struck and injured by a horse and wagon belonging to the defendant. The horse was running away, and there was evidence from which the jury might have found that the defendant’s driver was negligent in leaving the horse unhitched and unattended, knowing that it was unsafe so to leave him. It was undisputed that the plaintiff was in the exercise of due care, and the principal question is whether there was evidence that the driver was acting within the scope of his employment when he left the horse.
He was on the way to the defendant’s stable, after having completed the regular…
2Cases cited1 opinion
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
3Cited by21 opinions
- Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
- Marshall v. NugentCourt of Appeals for the First Circuit · 1955
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- Danforth v. FisherSupreme Court of New Hampshire · 1908
- Fleischner v. DurginMassachusetts Supreme Judicial Court · 1911
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