Legal Opinion

Scanlon v. Cavanaugh

Massachusetts Supreme Judicial Court

Decided November 29, 1911PublishedCited by 5 opinions

Tort by a hostler, employed in the livery stable of the defendants in Taunton, for personal injuries alleged to have been caused by the defendants furnishing the plaintiff with unsafe and. unmanageable horses, which were known to the defendants to be dangerous. Writ dated July 9, 1910. In the'Superior Court the case was tried before Sherman, J. The facts shown by the plaintiff’s evidence are stated in the opinion.

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Tort by a hostler, employed in the livery stable of the defendants in Taunton, for personal injuries alleged to have been caused by the defendants furnishing the plaintiff with unsafe and. unmanageable horses, which were known to the defendants to be dangerous. Writ dated July 9, 1910. In the'Superior Court the case was tried before Sherman, J. The facts shown by the plaintiff’s evidence are stated in the opinion. At the close of the plaintiff’s evidence the judge, at the request of the defendants, ordered a verdict for the defendants, and by agreement of counsel reported the case for…

1Opinion of the CourtDeCourcy, J.

The plaintiff was an employee of the defendants who maintained a large livery stable. He was a cripple, not having the full use of his right arm and leg. His employment was that of a hostler in the stable, and occasionally he was sent out to drive when the drivers were absent. Upon his return from dinner on the day of the accident, one of the defendants ordered him to drive to a funeral a hack that was standing ready, hitched to two horses. On the way from the cemetery the horses ran away with the plaintiff and came into collision with an electric car, in consequence of which he was thrown to…

2Cases cited2 opinions

  1. Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
  2. Broderick v. HigginsonMassachusetts Supreme Judicial Court · 1897

3Cited by5 opinions

  1. Mercer v. ByronsCourt of Appeals for the First Circuit · 1952
  2. Condelli v. American Stables Co.Massachusetts Supreme Judicial Court · 1920
  3. Herbert v. GreenbaumMassachusetts Supreme Judicial Court · 1924
  4. Turner v. Richmond & Rappahannock River Railway Co.Court of Appeals of Virginia · 1917
  5. O'Connor v. BurnsMassachusetts Supreme Judicial Court · 1914

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