Broult v. Hanson
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the plaintiff’s horse and wagon by collision with the defendants’ team. At the trial in the Superior Court, before Braley, J., the jury returned a verdict for the defendants; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The instruction requested by the plaintiff involves two propositions: first, that if the defendants’ team, passing along unattended, came in contact with the plaintiff’s team, which was left standing at the side of the street on the left hand of the defendants’ team as it approached, that would be prima facie evidence of the defendants’ negligence. Secondly, that in such a case the burden would be on the defendants to satisfy the jury that they were not negligent.
To support the first proposition, the plaintiff relies on the Pub. Sts. c. 93, § 1, which require that, “ when persons meet each…
2Cases cited2 opinions
- Southworth v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1870
- Nichols v. MunselMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- Gibson v. International Trust Co.Massachusetts Supreme Judicial Court · 1900
- Droney v. DohertyMassachusetts Supreme Judicial Court · 1904
- Lombard v. BryneMassachusetts Supreme Judicial Court · 1907
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