Wheelock v. Wheelwright
Massachusetts Supreme Judicial Court
The declaration was in case, and alleged that the defendant, on the 15th of January, 1806, hired a horse and sleigh of the plaintiff to ride from Boston into the country four miles, and to return at seven o’clock in the evening: yet the defendant so carelessly and immoderately drove and rode the said horse and sleigh, and neglected to take proper care of said horse, and exposed him after said immoderate driving and riding for so long a time to the extreme coldness of the…
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The declaration was in case, and alleged that the defendant, on the 15th of January, 1806, hired a horse and sleigh of the plaintiff to ride from Boston into the country four miles, and to return at seven o’clock in the evening: yet the defendant so carelessly and immoderately drove and rode the said horse and sleigh, and neglected to take proper care of said horse, and exposed him after said immoderate driving and riding for so long a time to the extreme coldness of the weather, that by means thereof the said horse died, and the said sleigh was broken, &c.
1Opinion of the Court
At this term, after a brief argument by Otis and Parker for the plaintiff, and Whitman for the defendant, the opinion of the Court was delivered by
Parsons, C. J.
[After stating the action, and the facts.] Upon comparing the evidence with the declaration, we are satisfied that the case agreed has negatived the gravamen alleged by the plaintiff in his declaration, and that in this action the plaintiff cannot recover.
The defendant, by riding the horse beyond the place for which *79he had liberty, is answerable to the plaintiff in trover. For thus riding the horse is an unlawful conversion; and if…
2Cited by38 opinions
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Daggett v. DavisMichigan Supreme Court · 1884
- Mayor of Columbus v. HowardSupreme Court of Georgia · 1849
- Phillips v. Brigham, Kelly & Co.Supreme Court of Georgia · 1859
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