Maddox v. Brown
Supreme Judicial Court of Maine
ON exceptions from superior court, Cumberland county. The case is stated in the opinion. contended that if there was an express or implied assent on the part of defendant for his son to use the horse and carriage at the time when the damage was done, or if the defendant intrusted his son with the use, management and control of his teams whenever the son wished, then the defendant would be liable. Wharton on Negligence, § 166 ; Sleath v. Wilson, 38 Eng.
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ON exceptions from superior court, Cumberland county. The case is stated in the opinion. contended that if there was an express or implied assent on the part of defendant for his son to use the horse and carriage at the time when the damage was done, or if the defendant intrusted his son with the use, management and control of his teams whenever the son wished, then the defendant would be liable. Wharton on Negligence, § 166 ; Sleath v. Wilson, 38 Eng. C. L. 249 ; Goodman v. Taylor, .24 Eng. C. L. 385; Lashbrook v. Patten, 1 Duvall, (Ky.) 316. cited: Beaver v. Taylor, 93 U. S. 46; State v.…
1Opinion of the CourtAppleton, C. J.
The defendant’s son, a minor of the age of seventeen years, took his father’s horse and carriage, which he had been allowed to use without restriction, and drove to a store for the purpose of depositing money, which as treasurer of a *433Sabbath school, ho had received the day before. Entering the store to make the deposit, he left his horse unfastened and unattended, and the horse so left started, and running away, the defendant’s carriags collided with the plaintiff’s team and occasioned an injury, to recover compensation for which this action is brought.
The horse and carriage were taken by the…
2Cases cited2 opinions
- Herlihy v. SmithMassachusetts Supreme Judicial Court · 1874
- Sheridan v. CharlickNew York Court of Common Pleas · 1872
3Cited by21 opinions
- Hays v. HoganSupreme Court of Missouri · 1917
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Arkin v. PageIllinois Supreme Court · 1919
- Reilly v. . ConnableNew York Court of Appeals · 1915
- Steffen v. McNaughtonWisconsin Supreme Court · 1910
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