Peach v. Bruno
Massachusetts Supreme Judicial Court
Tort for damage to the plaintiff’s horse, which caused its death, from being run into by a horse of the defendant that was running away owing to the alleged negligence of its driver, who was alleged to have been the agent and servant of the defendant.
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Tort for damage to the plaintiff’s horse, which caused its death, from being run into by a horse of the defendant that was running away owing to the alleged negligence of its driver, who was alleged to have been the agent and servant of the defendant. Writ in the Municipal Court of the City of Boston dated December 5, 1913. At the trial in the Municipal Court the judge found among others the following facts: “The defendant hired of one Cohen a team consisting of a horse, harness, wagon and driver to assist him in the transportation of certain goods, wares and merchandise. The horse was at all…
1Opinion of the CourtLoring, J.
This appeal is wholly without merit. Where (as in the case at bar) the defendant hires from another person a horse, wagon and driver to carry merchandise from place to place as di*448rected by the defendant’s servant who accompanies the driver for that purpose alone, and nothing more appears, as matter of law the driver is the servant of the owner of the horse and wagon and not of the defendant. Nothing is better settled. The cases are collected in Shepard v. Jacobs, 204 Mass. 110.
The cases relied on by the plaintiff (Boomer v. Wilbur, 176 Mass. 482, Woodman v. Metropolitan Railroad, 149 Mass.…
2Cases cited4 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Thompson v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Boomer v. WilburMassachusetts Supreme Judicial Court · 1900
3Cited by14 opinions
- McNamara v. . LeipzigNew York Court of Appeals · 1919
- Centrello's CaseMassachusetts Supreme Judicial Court · 1919
- Knudson v. JacksonSupreme Court of Iowa · 1921
- Southern Construction Co. v. State Industrial Com.Supreme Court of Oklahoma · 1925
- Clancy's CaseMassachusetts Supreme Judicial Court · 1917
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