Sousa v. Irome
Massachusetts Supreme Judicial Court
Tort for the loss of the services of the plaintiff’s minor son, Joseph Sousa, junior, by reason of his being shot and tilled by the defendant’s son Flam.
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Tort for the loss of the services of the plaintiff’s minor son, Joseph Sousa, junior, by reason of his being shot and tilled by the defendant’s son Flam. Writ dated January 17, 1911. The declaration alleged that the defendant’s son Flam was a minor sixteen years of age and was not a proper person to have possession and control of a gun, which the defendant well knew or in the exercise of reasonable care should have known, and that the defendant negligently gave to his son Flam and suffered him to have in his possession and control a gun and ammunition to-be fired from it, and that Flam on…
1Opinion of the CourtSheldon, J.
While the evidence was meagre and the case comes near to the border line, we cannot say that there was error in submitting the issues to the jury. They could find that the defendant was negligent in allowing his son Flam to have the gun and ammunition, that Flam was not a fit person to be trusted with articles of so dangerous a character, and that Flam’s act was either wrongful or negligent and was one which the defendant ought to have foreseen and guarded against. In that event the defendant was liable for the natural consequences that followed directly from his negligence. Horan v.…
2Cases cited5 opinions
- Horan v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1914
- Monahan v. City of WorcesterMassachusetts Supreme Judicial Court · 1890
- Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
- Carson v. CanningMassachusetts Supreme Judicial Court · 1902
- Killam v. PeirceMassachusetts Supreme Judicial Court · 1891
3Cited by25 opinions
- Jupin v. KaskMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Kuhns v. BruggerSupreme Court of Pennsylvania · 1957
- Leone v. DoranMassachusetts Supreme Judicial Court · 1973
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
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