Legal Opinion

Herlihy v. Smith

Massachusetts Supreme Judicial Court

Decided November 5, 1874PublishedCited by 25 opinions

Tort against Joseph Smith and Daniel C. Manning, who were alleged to be partners, for a personal injury sustained by the plaintiff in consequence of the negligent driving of the defendants’ horse and vehicle, while in the possession of George H. Phillips, a minor.

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Tort against Joseph Smith and Daniel C. Manning, who were alleged to be partners, for a personal injury sustained by the plaintiff in consequence of the negligent driving of the defendants’ horse and vehicle, while in the possession of George H. Phillips, a minor. Trial in the Superior Court, before Lord, J., who allowed a bill of exceptions in substance as follows; At the trial, the plaintiff testified that after he was run over he saw the defendants at their office, and told Manning what their driver and team had done to him, and showed his bodily bruises. Manning asked his partner, Smith,…

1Opinion of the Court

By the Court.

The ruling at the trial was correct. The case is too plain for discussion. Exceptions overruled.

2Cited by25 opinions

  1. Nash v. LangMassachusetts Supreme Judicial Court · 1929
  2. McNeal v. McKainSupreme Court of Oklahoma · 1912
  3. Hartley v. MillerMichigan Supreme Court · 1911
  4. Fisher v. FletcherIndiana Supreme Court · 1922
  5. Scheel v. ShawSuperior Court of Pennsylvania · 1915

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