Adams v. Swift
Massachusetts Supreme Judicial Court
Tort, against Caroline F. Swift and Helen L. Swift, for personal injuries occasioned to the plaintiff by a collision between the carriages in which the respective parties were riding on August 15, 1894, upon a road leading from New London to Sunapee in New Hampshire. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows.
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Tort, against Caroline F. Swift and Helen L. Swift, for personal injuries occasioned to the plaintiff by a collision between the carriages in which the respective parties were riding on August 15, 1894, upon a road leading from New London to Sunapee in New Hampshire. Trial in the Superior Court, before Richardson, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that the defendant, Helen L. Swift, a minor nineteen years of age, was stopping with her mother, the other defendant, at a hotel in Sunapee, and her father was then at his home in New…
1Opinion of the CourtBarker, J.
The evidence justified a finding that the excursion was a joint undertaking, of which Caroline F. Swift, the mother of the young woman who was driving when the accident happened, was an equal promoter and manager, and not a mere guest; and thatfunder her control and direction her daughter, so inexperienced a whip that it might be negligence to allow her to drive upon such an occasion, was driving, and driving carelessly. Therefore the case was for the jury.
The evidence of admissions was for the jury, and the rulings were right.
Exceptions overruled.
2Cited by12 opinions
- Loftus v. PelletierMassachusetts Supreme Judicial Court · 1916
- Stock v. FifeMassachusetts Appeals Court · 1982
- Woodman v. HaynesMassachusetts Supreme Judicial Court · 1935
- Beaucage v. MercerMassachusetts Supreme Judicial Court · 1910
- Jensen v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1925
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