Legal Opinion

Turner v. Page

Massachusetts Supreme Judicial Court

Decided November 21, 1904PublishedCited by 27 opinions

Two actions OP tort, one by a married woman for personal injuries, and the other by her husband for loss of consortium and expenses, and for injuries to the buggy in which the plaintiff in the first case was sitting when the accident occurred, alleged to have been' caused by the negligence of the defendant’s servant.

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Two actions OP tort, one by a married woman for personal injuries, and the other by her husband for loss of consortium and expenses, and for injuries to the buggy in which the plaintiff in the first case was sitting when the accident occurred, alleged to have been' caused by the negligence of the defendant’s servant. Writs dated May 25, 1903. At the trial in the Superior Court before CrasJcill, J., it appeared, that the plaintiff in the second case had gone into a bank on Central Street in Gardner, leaving his wife sitting in the buggy, when a pair of horses, attached to a tip cart belonging…

1Opinion of the CourtLoring, J.

1. The difficulty with the defendant’s ai’gument in support of his exception to the refusal to give the fifth ruling *602asked for and to so much of the charge as is inconsistent with it' is that what is complained of in the argument is not the refusal of what was asked for in the ruling. The complaint made by the defendant in his argument is that the judge did not tell the jury to consider the previous habits of the horses in passing on the question of the driver’s negligence. What the defendant asked for in this ruling was that if the jury believed the testimony as to their previous habits the…

2Cases cited8 opinions

  1. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  2. Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
  3. Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
  4. Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
  5. Glynn v. Central RailroadMassachusetts Supreme Judicial Court · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
  2. Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
  3. Luz v. Stop & Shop, Inc. of PeabodyMassachusetts Supreme Judicial Court · 1964
  4. Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
  5. Miller v. United Railways Co.Missouri Court of Appeals · 1911

22 more not listed; retrieve them via the Exa API.

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