Atwood v. Boston Forwarding & Transfer Co.
Massachusetts Supreme Judicial Court
Tort, for injuries to the plaintiffs’ horse causing his death, and for expenses incurred by the plaintiffs in earing for and attempting to cure the horse. Writ in the Municipal Court of the City of Boston dated October 11, 1901. On appeal to the Superior Court the case was tried before Pierce, J. It appeared, that the plaintiffs’ horse had been left standing in front of their store, and that one of his fore feet was run over by a rear wheel of a truck of the defendant.
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Tort, for injuries to the plaintiffs’ horse causing his death, and for expenses incurred by the plaintiffs in earing for and attempting to cure the horse. Writ in the Municipal Court of the City of Boston dated October 11, 1901. On appeal to the Superior Court the case was tried before Pierce, J. It appeared, that the plaintiffs’ horse had been left standing in front of their store, and that one of his fore feet was run over by a rear wheel of a truck of the defendant. At the close of the evidence the defendant requested the judge to rule, that the damages that could be recovered in this case…
1Opinion of the Court
Knowlton, O. J.
The plaintiffs’ horse was seriously injured through negligence for which the defendant is liable, and after unavailing efforts for nearly a month to cure him, he was killed. The exceptions relate to the question whether the plaintiffs, having a reasonable expectation that the horse could be cured and that their damages could be lessened by an attempt to cure him, are entitled to recover such a sum as they reasonably and prudently expended in making this attempt. The defendant asked the judge to rule that in no event can the damages exceed the value of the horse at the time of…
2Cases cited10 opinions
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
- Johnson v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- Streett v. LaumierSupreme Court of Missouri · 1864
- Board of Commissioners v. ArnettIndiana Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Cochran v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Peck v. Chicago Railways Co.Illinois Supreme Court · 1915
- Young v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1931
- Brian v. B. Sopkin & Sons, Inc.Massachusetts Supreme Judicial Court · 1943
14 more not listed; retrieve them via the Exa API.