Driscoll v. Towle
Massachusetts Supreme Judicial Court
Tort for injuries from being struck and knocked down by some part of a horse or wagon of the defendant through the negligence of the driver alleged to be the defendant’s servant, while the plaintiff was returning to the sidewalk after picking up a handkerchief dropped by the driver of a coal team.
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Tort for injuries from being struck and knocked down by some part of a horse or wagon of the defendant through the negligence of the driver alleged to be the defendant’s servant, while the plaintiff was returning to the sidewalk after picking up a handkerchief dropped by the driver of a coal team. Writ dated October 21, 1899. In the Superior Court the case was tried before Maynard, J. At the close of the plaintiff’s evidence, the judge, at the request of the defendant, ruled that the plaintiff could not maintain his action, and directed a verdict for the defendant; and the plaintiff alleged…
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries caused by the plaintiff’s being struck in the street by a horse or wagon driven by one Keenan. At the trial the judge directed a verdict for the defendant, and the plaintiff excepted. The only question is whether there was any evidence that Keenan was the defendant’s servant.
The defendant “ was engaged in general teaming business in Boston.” He owned the horse and wagon, and employed Keenan and paid him his wages. Keenan’s only contract of employment was with him. For some time, however, Keenan had been carrying property for the Boston Electric Light…
2Cases cited15 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by130 opinions
- Benoit v. Hunt Tool Co.Supreme Court of Louisiana · 1951
- Rankin v. Nash-Texas Co.Texas Supreme Court · 1937
- Denton v. Yazoo & Mississippi Valley RailroadSupreme Court of the United States · 1932
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
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