Johnson v. Inhabitants of Holyoke
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. o. 44, § 22, for injuries occasioned by a defect in a highway to the person of the plaintiff and to a horse and carriage driven by him. At the trial in the superior court, before Dewey, J., it appeared that the horse and carriage were owned by John Blake, were hired at the time of the alleged injury by the plaintiff, and were returned to Blake about two hours afterwards.
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Tort on the Gen. Sts. o. 44, § 22, for injuries occasioned by a defect in a highway to the person of the plaintiff and to a horse and carriage driven by him. At the trial in the superior court, before Dewey, J., it appeared that the horse and carriage were owned by John Blake, were hired at the time of the alleged injury by the plaintiff, and were returned to Blake about two hours afterwards. Blake testified that he looked to the plaintiff for his claim, and had so told the plaintiff; but there was no evidence that he ever had any communication with the defendants. “ Against the objection of…
1Opinion of the CourtGray, J.
A hirer or other bailee of chattels is entitled, by virtue of his possession, to maintain an action of tort for any injury to them. In such an action, brought with the express or implied consent of the general owner, full damages for the injury to the property may be recovered, and a judgment therein may be pleaded in bar of any like action afterwards brought either by the bailor or by the bailee. The extent of the bailee’s liability to his bailor, by virtue of the contract or relation between them, for the injury itself, or for the damages recovered therefor from a wrongdoer, and the…
2Cases cited1 opinion
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
3Cited by34 opinions
- Nash v. LangMassachusetts Supreme Judicial Court · 1929
- Perkins v. BrownTennessee Supreme Court · 1915
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914
- Dearden v. HeyMassachusetts Supreme Judicial Court · 1939
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