Syndicate v. American Express Co.
Massachusetts Supreme Judicial Court
Tort, by the tenant of a store numbered 90 on Washington Street in Boston against a corporation carrying on a large express business, for alleged negligence of the defendant in breaking a plate glass window in the premises occupied by the plaintiff, by means of a horse attached to an express wagon of the defendant who shied across the sidewalk into the window on November 14,1910, thereby causing loss and damage to the plaintiff.
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Tort, by the tenant of a store numbered 90 on Washington Street in Boston against a corporation carrying on a large express business, for alleged negligence of the defendant in breaking a plate glass window in the premises occupied by the plaintiff, by means of a horse attached to an express wagon of the defendant who shied across the sidewalk into the window on November 14,1910, thereby causing loss and damage to the plaintiff. Writ in the Municipal Court of the City of Boston dated December 23, 1910. On appeal to the Superior Court the case was tried before Sell, J. The undisputed facts…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover damages alleged to have been caused by the negligence of the defendant. The undisputed facts showed that the defendant sent a “green horse, ” which it had owned three days, through one of the busiest parts of Boston in charge of a competent driver without any knowledge or making any effort to ascertain whether the horse was used to the sounds and sights of a great city. At the noise of the first electric car the horse shied and broke a plate glass window of the plaintiff.
The question of the defendant’s negligence rightly was submitted to the jury. The jury…
2Cited by2 opinions
- Condelli v. American Stables Co.Massachusetts Supreme Judicial Court · 1920
- Maguire v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1921