Tennien v. Chase
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the defendant’s negligently driving a horse and buggy into collision with a buggy in which the plaintiff was.
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Tort for personal injuries alleged to have been caused by the defendant’s negligently driving a horse and buggy into collision with a buggy in which the plaintiff was. Writ in the Superior Court for the county of Middlesex dated September 18, 1906. At the trial before Stevens, J., there was evidence tending to show that the plaintiff went with one Murphy from West Newton to Auburndale for the purpose of seeing one Mellody, who kept a livery stable and whom the plaintiff had not previously known, to ascertain whether or not Murphy could assist the plaintiff in securing work. When the plaintiff…
1Opinion of the CourtSheldon, J.
It is impossible to go further in support of the defendant’s contention than to say that upon the evidence it was a question for the jury to settle whether the circumstances were such that any negligence of either Mellody or Murphy, who were respectively the driver and another occupant of the buggy in *499which the plaintiff was seated, should be imputed to the plaintiff. But the whole case was submitted to the jury under instructions which, as they are not stated in the bill of exceptions, must be presumed to have been sufficiently favorable to the defendant. The judge could not properly have…
2Cases cited5 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Chadbourne v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Miller v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Peabody v. Haverhill, Georgetown & Danvers Street Railway Co.Massachusetts Supreme Judicial Court · 1908
3Cited by2 opinions
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Ingalls v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910