Steele v. Burkhardt
Massachusetts Supreme Judicial Court
Tort for injury alleged to have been caused to the plaintiffs’ horse by the negligence of the defendant’s servant; submitted to the judgment of the superior court, and, on appeal, of this court, upon the following award of an arbitrator as upon a statement of agreed facts : “ I find that the injury to the plaintiffs’ horse, for which they seek to recover damages in this action, was occasioned by the negligence and want of due care of the defendant’s servant, then in the…
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Tort for injury alleged to have been caused to the plaintiffs’ horse by the negligence of the defendant’s servant; submitted to the judgment of the superior court, and, on appeal, of this court, upon the following award of an arbitrator as upon a statement of agreed facts : “ I find that the injury to the plaintiffs’ horse, for which they seek to recover damages in this action, was occasioned by the negligence and want of due care of the defendant’s servant, then in the employment of the defendant. At the time of the injury, the plaintiffs’ wagon, to which the injured horse was attached, was…
1Opinion of the CourtChapman, C. J.
The act complained of by the plaintiffs is, that, while their horse was standing on Clinton Street, the defendant’s servant, while driving a heavy team along the street, carelessly drove it upon the hoof of the plaintiffs’ horse, and injured him. The award, which the parties have agreed to accept as a statement of facts, finds that the injury was occasioned by negligence and want of due care in the defendant’s servant. The terms of this finding imply that there was no negligence on the part of the plaintiffs, which contributed to the injury. And it is further found that, though the…
2Cited by40 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
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