Judd v. Fargo
Massachusetts Supreme Judicial Court
Tort to recover for the death of the plaintiff’s horse, occa sioned by taking fright at obstructions which the defendant bad put in a highway, and jumping down an embankment in running away from them.
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Tort to recover for the death of the plaintiff’s horse, occa sioned by taking fright at obstructions which the defendant bad put in a highway, and jumping down an embankment in running away from them. At the trial in. the superior court, before Putnam, the plaintiff’s evidence tended to show that about ten o’clock in the morning of Monday, April 5, 1869, he was travelling, with his horse and sleigh, on a highway in the town of Monterey, which led past the defendant’s farm, when he came upon a pile of wood and a sled in the highway ; that there were two sap-tubs on the sled, each of them about…
1Opinion of the CourtAmes, J.
Upon the question whether the use which the defendant was making of the public highway adjoining his own land was reasonable, he was entitled to show, if he could, that it was an obscure cross-road, but little frequented by travellers at all seasons, and particularly at the time of year when the accident happened. The rule is laid down in O'Linda v. Lothrop, 21 Pick. 292, that, in deciding what may be deemed a proper and reasonable use of a way, public or private, much must depend on the local situation, and much upon public usage, Carriages may stand, and goods may be received, at the door…
2Cases cited1 opinion
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by21 opinions
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
- Gaw v. Hew Construction Co.Massachusetts Supreme Judicial Court · 1938
- Golden v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900
- Harrington v. Border City Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- Gargan v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
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