Titus v. Inhabitants of Northbridge
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been caused to the plaintiff and his wife and his horse and wagon by reason of a defect in a highway in Northbridge. The damages were laid in the sum of five thousand dollars.
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Tort for injuries alleged to have been caused to the plaintiff and his wife and his horse and wagon by reason of a defect in a highway in Northbridge. The damages were laid in the sum of five thousand dollars. At the trial in the superior court, before Putnam, J., it appeared in evidence that on the afternoon of April 12, 1866, the plaintiff with his wife was driving carefully, in an open wagon drawn by one horse, at a speed of not more than six miles per hour, over a road in Northbridge which it was the defendants’ duty to keep in repair; that at a point about seventy feet from the place of…
1Opinion of the CourtChapman, J.
It appears that the plaintiff’s horse became diseased while travelling on the highway, and thereby became unmanageable. He ceased to obey the vein; bore to the left hand in spite of all the plaintiff could do to stop him, and after continuing on in this way for sixty-five or seventy feet, went over a bank wall on the left side of the road, where it was defective for want of a railing, and thus occasioned the injury complained of.
The case is substantially like that of Davis v. Dudley, 4 Allen, 557, where the court remarked that the injury was occasioned by “ the blind violence of the animal,…
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