Messenger v. Dennie
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. After the former decision, reported 137 Mass. 197, the case came on for trial in the Superior Court, before Pitman, J., and the plaintiff offered to prove the following facts; The accident occurred on February 17, 1881, on Aspinwall Avenue, a public street in Brookline, at a point one hundred and forty feet, more or less, distant from Harvard Street.
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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. After the former decision, reported 137 Mass. 197, the case came on for trial in the Superior Court, before Pitman, J., and the plaintiff offered to prove the following facts; The accident occurred on February 17, 1881, on Aspinwall Avenue, a public street in Brookline, at a point one hundred and forty feet, more or less, distant from Harvard Street. The plaintiff, who was a boy eight years and nine months old, was standing on Harvard Street, when a sleigh, driven by one Stewart, came along. The…
1Opinion of the Court
By the Court.
When this case was before the court at a former term, it was decided that, upon the facts then appearing, the plaintiff was not entitled to recover. Messenger v. Bennie, 137 Mass. 197. The facts offered to be shown at the second trial do not in any essential particular differ from those shown at the first trial. The plaintiff was engaged in the dangerous sport of riding upon the runners of a sleigh in the public street; he suddenly left the runner of the sleigh on which he was riding, while it was in motion, in front and within a few feet of the sleigh driven by the defendant,…
2Cases cited1 opinion
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
3Cited by18 opinions
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Hicks v. H. B. Church Truck Service Co.Massachusetts Supreme Judicial Court · 1927
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
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