Whitney v. Gross
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by being thrown from his wagon by a collision with the defendants’ wagon. At the trial in the Superior Court, before Mason, J., the jury returned a verdict for the defendants; and the plaintiff alleged exceptions to the exclusion of certain evidence, the nature of which appears in the opinion.
1Opinion of the CourtMorton, C. J.
The plaintiff contended that, while driving in his wagon down a hill in a highway in Ashburnham, he was run into by a horse and wagon of the defendants, driven by one of the defendants, also going down the hill; and that the defendant who was driving was careless, because his wagon was so overloaded that the horse could not control it, and because he was driving down the hill at an unreasonable speed. The bill of exceptions states that “ the plaintiff, for the purpose of showing the character and habits of the horse, and that the defendants knew thereof and of the effect of driving this horse…
2Cases cited1 opinion
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Brownhill v. KivlinMassachusetts Supreme Judicial Court · 1944
- Schaefer v. OsterbrinkWisconsin Supreme Court · 1886
- Harrington v. Border City Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- Wooster v. Broadway & Seventh Avenue RailroadNew York Supreme Court · 1893
- Agulino v. N.Y., N.H. H.R.R. Co.Supreme Court of Rhode Island · 1899
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