Braithwaite v. Hall
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the plaintiff’s person and bicycle by being run over by a pair of horses attached to a hack and driven by the defendant’s servant.
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Tort, for injuries occasioned to the plaintiff’s person and bicycle by being run over by a pair of horses attached to a hack and driven by the defendant’s servant. The declaration was as follows: “ And the plaintiff says that on the thirtieth day of May, 1895, while riding his bicycle on Mount Auburn Street in the city of Cambridge, in this Commonwealth, and while in the exercise of due care, he was run over by the defendant’s horses and carriage, negligently driven by a servant of the defendant while acting in the scope of his employment. Whereby the plaintiff was severely injured, made…
1Opinion of the CourtHolmes, J.
The demurrer must be overruled. The meaning of the declaration is plain and sufficient. Nowadays we do not require pleadings to be guarded against all the possible distortions of perverse ingenuity. The single collision which caused the damage to the plaintiff’s person and to his bicycle was one cause of action. “ Un trespasse ne serra mye deux foitz puny.” Y. B. 5 Ed. II. 134, 135. Doran v. Cohen, 147 Mass. 342, 344. Bliss v. New York Central & Hudson River Railroad, 160 Mass. 447, 455.
The ruling as to damages was correct. It is true that, when a man is allowed to prove his average earnings…
2Cases cited3 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Murdock v. New York & Boston Despatch Express Co.Massachusetts Supreme Judicial Court · 1897
3Cited by32 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Kane v. Fields Corner Grille, Inc.Massachusetts Supreme Judicial Court · 1961
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- Dearden v. HeyMassachusetts Supreme Judicial Court · 1939
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