Labuff v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
. Tobt for personal injuries sustained by a teamster on January 9, 1916, by being thrown from a wagon in which he was driving when the horse shied at the canvas cover of a machine for grinding tracks and smoothing the joints of rails which the defendant was alleged negligently to have placed and to have allowed to remain on one of its tracks on Southbridge Street, a public highway in Worcester.
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. Tobt for personal injuries sustained by a teamster on January 9, 1916, by being thrown from a wagon in which he was driving when the horse shied at the canvas cover of a machine for grinding tracks and smoothing the joints of rails which the defendant was alleged negligently to have placed and to have allowed to remain on one of its tracks on Southbridge Street, a public highway in Worcester. Writ dated February 2, 1916. In the Superior Court the case was tried before Morton, J. The evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be…
1Opinion of the Court
Bbaley, iJ.
While conceding that the plaintiff has been injured and raising no question as to his due care, the defendant’s first contention is, that there is no evidence that the accident was caused by its negligence. The jury however would be warranted in finding that the horse driven by the plaintiff, although ordinarily gentle and well broken, becoming frightened by the sudden flapping of the canvas cover on a grinding machine owned by the defendant and left on its railway track located in the public way, over which the plaintiff as a traveller was passing, “bolted or shied,” throwing him…
2Cases cited11 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. ParkerIndiana Supreme Court · 1921
- Loomis v. PeaseMassachusetts Supreme Judicial Court · 1919
- Tocci's CaseMassachusetts Supreme Judicial Court · 1929
- Coughlin v. Royal Indemnity Co.Massachusetts Supreme Judicial Court · 1923
- Miller v. RichardsMassachusetts Supreme Judicial Court · 1940
7 more not listed; retrieve them via the Exa API.