McCarthy v. Timmins
Massachusetts Supreme Judicial Court
Tort against a proprietor of public carriages for injuries caused by the alleged negligence of a driver of the defendant in leaving his horses unhitched and unattended while he was taking a drink in a saloon, in consequence of which the horses ran away and collided with the horse and wagon driven by the plaintiff.
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Tort against a proprietor of public carriages for injuries caused by the alleged negligence of a driver of the defendant in leaving his horses unhitched and unattended while he was taking a drink in a saloon, in consequence of which the horses ran away and collided with the horse and wagon driven by the plaintiff. Writ dated November 12, 1898. At the trial in the Superior Court, before Lawton, J., it appeared, that the plaintiff was in the express and coal business; that on October 11, 1898, at about 6.45 P. M., he, with one Hurley, was driving a one-horse wagon in Boston on the right-hand…
1Opinion of the CourtHammond, J.
The only question argued by the defendant is whether under the circumstances he is answerable for the act of Scott in leaving the team unattended upon a public street. Upon this question it appeared that on the day of the accident Scott was and for a long time had been in the employ of the defendant as a driver of the hack and two horses constituting the team. Scott’s business was to stand with the team near the corner of Dartmouth and Boylston Streets to solicit passengers for carriage. About six o’clock on the afternoon of the accident he was *380told by one Casey, the starter in charge of the…
2Cases cited5 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Perlstein v. American Express Co.Massachusetts Supreme Judicial Court · 1901
- Walton v. New York Central Sleeping Car Co.Massachusetts Supreme Judicial Court · 1885
- Wallace v. Merrimack River Navigation & Express Co.Massachusetts Supreme Judicial Court · 1883
3Cited by45 opinions
- Riley v. . Standard Oil Co.New York Court of Appeals · 1921
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- Danforth v. FisherSupreme Court of New Hampshire · 1908
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Jones v. HogeWashington Supreme Court · 1907
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