Spooner v. Manchester
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows : “ And the plaintiff says the defendant hired the plaintiff’s horse and carriage to drive from Worcester to Clinton and back in a prudent, careful and proper manner, and that the defendant drove the same beyond Clinton to Northborough wrongfully, and managed and drove said horse so improperly, unskilfully and wrongfully while at said Northborough, that said horse’s ankle was broken and otherwise injured, to the great damage of the…
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Tort. The declaration was as follows : “ And the plaintiff says the defendant hired the plaintiff’s horse and carriage to drive from Worcester to Clinton and back in a prudent, careful and proper manner, and that the defendant drove the same beyond Clinton to Northborough wrongfully, and managed and drove said horse so improperly, unskilfully and wrongfully while at said Northborough, that said horse’s ankle was broken and otherwise injured, to the great damage of the plaintiff.” Answer, a general denial. At the trial in the Superior Court, before Dewey, J., without a jury, it appeared that,…
1Opinion of the CourtField, J.
This case apparently falls within the decision in Hall v. Corcoran, 107 Mass. 251, except that this defendant unintentionally took the wrong road on his return from Clinton to Worcester, and when, after travelling on it five or six miles, he discovered his mistake, he intentionally took what he considered the best way back to Worcester, which was by a circuit through N or thboro ugh.
The case has been argued as if it were an action of tort in the nature of trover, and, although the declaration is not strictly in the proper form for such an action, both parties desire that it should be treated…
2Cases cited6 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Parker v. LombardMassachusetts Supreme Judicial Court · 1868
- Perham v. ConeyMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Kelley v. LaForceCourt of Appeals for the First Circuit · 2002
- Third National Bank of Hampden County v. CONT. INS. COMassachusetts Supreme Judicial Court · 1983
- George v. Coolidge Bank and Trust Co.Massachusetts Supreme Judicial Court · 1971
- Lawyers Mortgage Investment Corp. v. Paramount Laundries Inc.Massachusetts Supreme Judicial Court · 1934
- Lee Tung v. BurkhartOregon Supreme Court · 1911
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