Smith v. Duncan
Massachusetts Supreme Judicial Court
Tort for injuries from being knocked down and run over by a pair of horses of the defendant, who when left unattended standing across the street with feed bags on, eating their dinners, suddenly ran away and injured the plaintiff. Writ dated October 18, 1898. At the trial in the Superior Court before Richardson, J., the jury returned a verdict for the plaintiff in the sum of $1,750; and the defendant alleged exceptions, stated by the court.
1Opinion of the CourtMorton, J.
This is an action to recover for personal injuries which the plaintiff received from being knocked down and run over by horses belonging to the defendant and driven by a man in his service. There was a verdict for the plaintiff. Several exceptions were taken by the defendant, but only one has been argued, and we therefore treat the others as waived. The exception that was argued relates to a matter of evidence. A witness, a police officer, called by the plaintiff, was allowed to testify against 'the defendant’s objection to a repetition to the defendant, who arrived shortly after the…
2Cases cited1 opinion
- Commonwealth v. FunaiMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- Dempsey v. Goldstein Bros. Amusement Co.Massachusetts Supreme Judicial Court · 1919
- Commonwealth v. AndersonMassachusetts Supreme Judicial Court · 1915
- Harrington v. AlessiMassachusetts Supreme Judicial Court · 1929
- Carroll v. CarrollMassachusetts Supreme Judicial Court · 1928
- Petitti v. PerrielloMassachusetts Supreme Judicial Court · 1940
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