Parker v. Adams
Massachusetts Supreme Judicial Court
This was an action of trespass upon the case, to recover damages alleged to have been sustained by the plaintiff, by reason of the negligence and carelessness of the defendant’s servant.
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This was an action of trespass upon the case, to recover damages alleged to have been sustained by the plaintiff, by reason of the negligence and carelessness of the defendant’s servant. The trial was in the court of common pleas, before Ward, J. who signed the following bill of exceptions: “ The plaintiff offered evidence tending to show that his servant, driving his four wheeled chaise or buggy, was passing down Court Street, towards State Street, on the right hand side of the street, at a moderate pace, and that the said vehicle was there run against by the defendant’s express wagon, which…
1Opinion of the CourtDewey, J.
The decision of the present case only requires,
as we apprehend, the application of well settled principles, which have been often applied to analogous cases. The plaintiff alleges that he received an injury while travelling lawfully upon a public street in the city of Boston. That injury arose from a collision of two vehicles driven by the servants of the two litigating parties. To entitle the plaintifi to recover of the defendant damages for the injury he thus sustained, he must show the injury to have been attributable to the misconduct of the defendant, and under such circumstances as to…
2Cases cited1 opinion
- Washburn v. TracySupreme Court of Vermont · 1824