Maynard v. Buck
Massachusetts Supreme Judicial Court
Contract for the value of a pair of steers alleged to have been lost through the defendant’s negligence. At the trial in tne superior court, before Rockwell, J., the jury found for the plaintiffs; and the judge allowed a bill of exceptions of which the following is the material part: “ It appeared that the defendant was a drover engaged in driving cattle from Brighton to various points between that place and Worcester; that on November 9, 1865, the plaintiffs by their agents…
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Contract for the value of a pair of steers alleged to have been lost through the defendant’s negligence. At the trial in tne superior court, before Rockwell, J., the jury found for the plaintiffs; and the judge allowed a bill of exceptions of which the following is the material part: “ It appeared that the defendant was a drover engaged in driving cattle from Brighton to various points between that place and Worcester; that on November 9, 1865, the plaintiffs by their agents intrusted to him a pair of steers to drive from Brighton to Northborough for a stipulated price; that he received the…
1Opinion of the CourtWells, J.
The instruction that the defendant “ was bound to use the same care in regard to ” the cattle, which he undertook to drive for hire, “ that men of ordinary prudence would exercise over their own property under the same circumstances,” was correct, and in accordance with numerous authorities. Cayzer v. Taylor, 10 Gray, 274. Shaw v. Boston & Worcester Railroad Co. 8 Gray, 45. Shrewsbury v. Smith, 12 Cush. 177. Sullivan v. Scripture, 3 Allen, 564. Giblin v. McMullen, Law Rep. 2 P. C. 317. The degree of care to be required of one who is intrusted with the property of another for reward is not…
2Cited by41 opinions
- The Tj HooperCourt of Appeals for the Second Circuit · 1932
- Simon v. Town of NeedhamMassachusetts Supreme Judicial Court · 1942
- Schumer v. CaplinNew York Court of Appeals · 1925
- Cameron Compress Co. v. WhitingtonTexas Commission of Appeals · 1926
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
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