Herrick v. Sullivan
Massachusetts Supreme Judicial Court
Tort for personal injuries. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: The facts in the case which were undisputed showed that the defendant had a contract with the city of Newton to convey ■scholars from Newton Upper Falls to the high school-house near Newtonville in the morning, and to go for them at the close oí the session in the afternoon; that he employed a person for this purpose to drive a horse and…
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Tort for personal injuries. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: The facts in the case which were undisputed showed that the defendant had a contract with the city of Newton to convey ■scholars from Newton Upper Falls to the high school-house near Newtonville in the morning, and to go for them at the close oí the session in the afternoon; that he employed a person for this purpose to drive a horse and covered omnibus wagon to and from the school-house ; that the driver the day of the accident drove to the school-house,…
1Opinion of the CourtLord, J.
In construing this bill of exceptions, we do not consider ourselves at liberty to regard any of the facts relied upon as findings either of judge or jury; but rather as agreed or undisputed facts upon which the judge ruled as matter of law. In this view, we think the ruling of the presiding judge erroneous upon the question of due care on the part of the defendant’s servant. We see no evidence of a want of reasonable care as matter of law. • If there had been anything shown as to the character of the horse, or any circumstances which would have justified a tribunal in finding that the driving…
2Cited by5 opinions
- Rowe v. SuchCalifornia Supreme Court · 1901
- Dix v. Somerset Coal Co.Massachusetts Supreme Judicial Court · 1914
- Chicago, Burlington & Quincy Railroad v. DoughertyAppellate Court of Illinois · 1883
- Van Houten v. FleischmannNew York Court of Common Pleas · 1892
- Maguire v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1921