Brewster v. Warner
Massachusetts Supreme Judicial Court
Tort. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: ■ The plaintiff, on September 15, 1881, hired a horse and carriage from the livery stable of one Foster in Boston to drive to Beacon Park and return.
Read the full summary
Tort. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: ■ The plaintiff, on September 15, 1881, hired a horse and carriage from the livery stable of one Foster in Boston to drive to Beacon Park and return. Just before reaching the Park gate, a servant of the defendants, who was driving a pair of horses hitched to a hack, carelessly, as it was alleged, drove against the carriage in which the plaintiff was driving, and injured it. This action was brought to recover the damages so sustained. Foster was the owner of the…
1Opinion of the CourtHolmes, J.
The modern cases follow the ancient rule, that a bailee can recover against a stranger for taking chattels from his possession. Shaw v. Kaler, 106 Mass. 448. Swire v. Leach, 18 C. B. (N. S.) 479. See Year Book 48 Edw. III. 20, pl. 8; 20 H. VII. 5, pl. 15; 2 Roll. Abr. 569, Trespass, P. pl. 5; Nicolls v. Bastard, 2 Cr., M. & R. 659, 660. And as the bailee is no longer answerable to his bailor for the loss of goods without his fault, his right to recover must stand upon his possession, in these days at least, if it has not always done so. But possession is as much protected against one form of…
2Cases cited6 opinions
- White v. WebbSupreme Court of Connecticut · 1842
- Johnson v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1870
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Shaw v. KalerMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
- Nash v. LangMassachusetts Supreme Judicial Court · 1929
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Theriault v. PierceMassachusetts Supreme Judicial Court · 1940
20 more not listed; retrieve them via the Exa API.