Teague v. Martin
Massachusetts Supreme Judicial Court
Tort against John B. Martin and Richard J. Clark jointly, as copartners engaged in the roofing business, for personal injuries sustained by the plaintiff on the afternoon of August 25,1915, when he was riding his bicycle across Powder House Square in Somerville, from being run into by a motor truck belonging to the defendants jointly as partners and being driven negligently by the defendant Clark. Writ dated December 20, 1915. The defendants answered separately.
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Tort against John B. Martin and Richard J. Clark jointly, as copartners engaged in the roofing business, for personal injuries sustained by the plaintiff on the afternoon of August 25,1915, when he was riding his bicycle across Powder House Square in Somerville, from being run into by a motor truck belonging to the defendants jointly as partners and being driven negligently by the defendant Clark. Writ dated December 20, 1915. The defendants answered separately. The answer of the defendant Martin contained a general denial and an allegation that the plaintiff was not in the exercise of due…
1Opinion of the CourtDe Courcy, J.
The plaintiff, while riding a bicycle in Powder House Square, Somerville, was struck by a motor truck owned by both defendants as copartners, and driven at the time by the defendant Clark. No dispute arises as to the plaintiff’s due care or Clark’s negligence. The question of Martin’s liability is raised by his exceptions to the judge’s refusal to give the rulings requested by him numbered one, two, three and ten.
There was evidence which warranted the submission of that issue to the jury. The truck was owned by the partners, used for partnership business, registered in the firm name, and had…
2Cases cited5 opinions
- Reynolds v. DenholmMassachusetts Supreme Judicial Court · 1913
- Herlihy v. SmithMassachusetts Supreme Judicial Court · 1874
- Heywood v. OgasapianMassachusetts Supreme Judicial Court · 1916
- Marsal v. HickeyMassachusetts Supreme Judicial Court · 1916
- Fennell v. PetersonMassachusetts Supreme Judicial Court · 1917
3Cited by14 opinions
- Holton v. American Pastry Products Corp.Massachusetts Supreme Judicial Court · 1931
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Kansallis Finance Ltd. v. FernMassachusetts Supreme Judicial Court · 1996
- Porcino v. De StefanoMassachusetts Supreme Judicial Court · 1923
- Bachand v. VidalMassachusetts Supreme Judicial Court · 1951
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