Gleason v. Smith
Massachusetts Supreme Judicial Court
Tort by an infant by his father and next friend for injuries caused by coming in contact with a horse or wagon of the defendant alleged to have been driven negligently by a servant of the defendant. Writ dated March 21, 1900. At the trial in the Superior Court, before Pierce, J., the judge directed a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtBarker, J.
The defendant’s team was travelling slowly, for a lawful purpose and in a manner which according to the plain weight of the evidence was in no respect negligent. But as one witness testified that the servant who according to the testimony of the other witnesses was driving, was not in fact driving, and was in fact looking into the delivery basket which was in the rear end of the wagon, we assume in favor of the plaintiff that there was some evidence of negligence on the part of the defendant’s servant.
The plaintiff was about twelve years old and there is no contention that he was not equal in…
2Cases cited1 opinion
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
3Cited by10 opinions
- Austin v. Public Service Co.Illinois Supreme Court · 1921
- Chickering v. Lincoln County Power Co.Supreme Judicial Court of Maine · 1919
- Sadak v. TuckerMassachusetts Supreme Judicial Court · 1941
- Grant v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1912
- Russo v. Charles S. Brown Co.Massachusetts Supreme Judicial Court · 1908
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