Poirier v. Terceiro
Massachusetts Supreme Judicial Court
Tort by a minor by his next friend for personal injuries sustained by the plaintiff on February 5, 1912, when he was coasting down Osborne Street in Fall River, “ said street having been duly licensed for coasting by the duly constituted authorities of the city of Fall River,” and was injured by a horse of the defendant, ridden by the defendant’s minor son about fourteen years of age, which jumped over the sled and kicked the plaintiff.
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Tort by a minor by his next friend for personal injuries sustained by the plaintiff on February 5, 1912, when he was coasting down Osborne Street in Fall River, “ said street having been duly licensed for coasting by the duly constituted authorities of the city of Fall River,” and was injured by a horse of the defendant, ridden by the defendant’s minor son about fourteen years of age, which jumped over the sled and kicked the plaintiff. The declaration contained two counts, with a third which was waived, the first count alleging negligence of the defendant’s son in the management of the horse…
1Opinion of the CourtCarroll, J.
The bill of exceptions states that Osborne Street in the city of Fall River had “been duly licensed for coasting.” The plaintiff, while on a sled on this street, was injured by *437a hqrse owned by the defendant and ridden by his minor son. The only question presented is: Was the minor son of the defendant his servant and acting within the scope of his employment?
The defendant denied any knowledge of the use of the horse by the boy or any permission to use it. This evidence was not contradicted. There was nothing to show for what purpose the boy was riding the horse, and, even if it could be…
2Cases cited6 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- McKim v. FoleyMassachusetts Supreme Judicial Court · 1898
- Fletcher v. WillisMassachusetts Supreme Judicial Court · 1902
- Buckley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Northern Railway Co. v. PageSupreme Court of the United States · 1927
- Middletown Trust Co. v. BregmanSupreme Court of Connecticut · 1934
- Baker v. ParadisoSupreme Court of Connecticut · 1933
- Commonwealth v. EnwrightMassachusetts Supreme Judicial Court · 1927
3 more not listed; retrieve them via the Exa API.