Brown v. Boston Ice Co.
Massachusetts Supreme Judicial Court
Two actions OF tort to recover for injuries alleged to have been caused by assaults made by the driver of an ice cart of the defendant. Writs dated July 26, 1898. At the trial in the Superior Court, before Lawton, J., the following facts appeared: The plaintiffs were small boys, Brown being six years old and Lydston five years old at the time of their injuries.
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Two actions OF tort to recover for injuries alleged to have been caused by assaults made by the driver of an ice cart of the defendant. Writs dated July 26, 1898. At the trial in the Superior Court, before Lawton, J., the following facts appeared: The plaintiffs were small boys, Brown being six years old and Lydston five years old at the time of their injuries. One Sprague was the driver of an ice cart of the defendant, and it was his duty to deliver ice to various customers of the defendant. In June, 1898, when the injuries were inflicted, a portion of Sprague’s route covered Indiana Street…
1Opinion of the CourtLoring, J.
The ground on which the plaintiffs contend that the defendant is liable for Sprague’s acts in beating them with the handle of the ice axe is that, from what Sprague said at the time, the jury were warranted in finding that he punished them in whole or in part for the purpose of making it easier for him to deliver ice from the defendant’s ice cart in the future, without an assistant and with slight care of the tools, and therefore the case is brought within Howe v. Newmarch, 12 Allen, 49. But in this case Sprague’s attack on the boys was an act of punishment inflicted for a past injury to his…
2Cases cited3 opinions
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Porter v. C., R. I. & P. R.Supreme Court of Iowa · 1875
3Cited by27 opinions
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Clemmons v. Life Insurance Company of GeorgiaSupreme Court of North Carolina · 1968
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Miller v. Federated Department Stores, Inc.Massachusetts Supreme Judicial Court · 1973
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