Cooper v. Cashman
Massachusetts Supreme Judicial Court
Tort by a teamster, against the members of a firm of contractors employing him, for injuries from the kick of a horse of the defendant alleged to be vicious. Writ dated January 17, 1903. In the Superior Court the case was tried before Mason, C. J., who at the close of the plaintiffs evidence ruled that the plaintiff was not entitled to recover, and ordered a verdict for the defendants. The plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The question in this case is whether there was evidence of negligence oil the part of the defendants, which made them liable to the plaintiff for the kick of a horse by which he was injured.
If one knowingly keeps a vicious or dangerous animal which is accustomed to attack and injure mankind, he is prima facie liable for injuries done by it, without proof of negligence as to the manner of beeping it. The negligence on which the liability is founded is beeping such an animal with knowledge of its propensities. Popplewell v. Pierce, 10 Cush. 509.
There was no evidence tending to show that the…
2Cases cited1 opinion
- Eastman v. ScottMassachusetts Supreme Judicial Court · 1902
3Cited by13 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Andrews v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1933
- Goodwin v. E. B. Nelson Grocery Co.Massachusetts Supreme Judicial Court · 1921
- Hosmer v. . CarneyNew York Court of Appeals · 1920
- Dix v. Somerset Coal Co.Massachusetts Supreme Judicial Court · 1914
8 more not listed; retrieve them via the Exa API.