Bowes v. City of Boston
Massachusetts Supreme Judicial Court
Foub actions oe tobt. The first case was for personal injuries occasioned to the plaintiff, on July 24, 1889, while driving because of an alleged defect in Park Street, a highway in that part of the defendant city called West Roxbury. The second case was for damages to the carriage, horse, and harness. The third case was for personal injuries occasioned to Margaret Fegan, the plaintiff’s intestate, who was also in the carriage. The fourth case was brought under the Pub.
Read the full summary
Foub actions oe tobt. The first case was for personal injuries occasioned to the plaintiff, on July 24, 1889, while driving because of an alleged defect in Park Street, a highway in that part of the defendant city called West Roxbury. The second case was for damages to the carriage, horse, and harness. The third case was for personal injuries occasioned to Margaret Fegan, the plaintiff’s intestate, who was also in the carriage. The fourth case was brought under the Pub. Sts. c. 52, § 17, for the benefit of the intestate’s children, to recover for her subsequent death. The cases were tried…
1Opinion of the CourtKnowlton, J.
These are four suits tried together, in all of which the defendant’s liability depends on the same facts. Our discussion of the first will be equally applicable to the others also.
The only ground on which the plaintiff seeks to recover is, that the horse which she was driving shied at a pile of stones, and passed to the opposite side of the road, so that one of the wheels of the buggy scraped against a stone in another pile there, making a loud noise, but not diverting the carriage from its course, nor causing it to tip, nor in any way disturbing its equilibrium; that her horse was frightened…
2Cases cited5 opinions
- Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
- Lincoln v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Cook v. City of CharlestownMassachusetts Supreme Judicial Court · 1867
- Fortin v. Inhabitants of EasthamptonMassachusetts Supreme Judicial Court · 1886
- McDougall v. City of BostonMassachusetts Supreme Judicial Court · 1883
3Cited by28 opinions
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Huff v. City of HolyokeMassachusetts Supreme Judicial Court · 1982
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
- Rowe v. RichardsSouth Dakota Supreme Court · 1915
23 more not listed; retrieve them via the Exa API.