Lake v. Atlantic Works
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says that the defendants carelessly left a truck, loaded with iron, in Marion Street, a public highway in Boston, for the space of twenty minutes and more; and the iron on said truck was so carelessly and negligently placed that it would easily fall off; and that the plaintiff was walking in said highway, and was lawfully in said highway, and lawfully using said highway, and in the exercise of due care; and said iron…
Read the full summary
Tort. The declaration was as follows: “ And the plaintiff says that the defendants carelessly left a truck, loaded with iron, in Marion Street, a public highway in Boston, for the space of twenty minutes and more; and the iron on said truck was so carelessly and negligently placed that it would easily fall off; and that the plaintiff was walking in said highway, and was lawfully in said highway, and lawfully using said highway, and in the exercise of due care; and said iron upon said truck was thrown and fell therefrom upon the plaintiff in consequence of the defendants’ carelessness, and the…
1Opinion of the CourtColt, J.
In actions of this description, the defendant is liable for the natural and probable consequences of his negligent act or omission. The injury must be the direct result of the misconduct charged; but it will not be considered too remote if, according to the usual experience of mankind, the result ought to have been apprehended.
The act of a third person, intervening and contributing a condition necessary to the injurious effect oi the original negligence, *140will not excuse the first wrongdoer, if such act ought to have been foreseen. The original negligence still remains a culpable and direct…
2Cases cited1 opinion
- Tutein v. HurleyMassachusetts Supreme Judicial Court · 1867
3Cited by226 opinions
- Mullins v. Pine Manor CollegeMassachusetts Supreme Judicial Court · 1983
- Solimene v. B. GRAUEL & CO., KGMassachusetts Supreme Judicial Court · 1987
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
221 more not listed; retrieve them via the Exa API.