Trombley v. Stevens-Duryea Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries to the plaintiff and damage to his horses, wagon and harness, alleged to have been caused by hiif horses becoming frightened and running away because of the negligent way in which an automobile, alleged to belong to the defendant, was driven by one who was alleged to have been a servant of the defendant.
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Tort for personal injuries to the plaintiff and damage to his horses, wagon and harness, alleged to have been caused by hiif horses becoming frightened and running away because of the negligent way in which an automobile, alleged to belong to the defendant, was driven by one who was alleged to have been a servant of the defendant. Writ dated April 8, 1909, The case was tried before Raymond, J. The plaintiff testified that at about four o’clock in the afternoon of March 17, 1909, as he was driving on the Wilbraham road, he saw an automobile approaching; that when it was about one hundred feet…
1Opinion of the CourtBraley, J.
The defendant makes no contention that the plaintiff was careless, and the only questions for decision are, whether there was evidence for the jury of the negligence of the driver and only occupant of the automobile, and, if he could be found to have been negligent, whether the defendant owned or controlled the car, and the driver was acting at the time as its servant.
It is common knowledge that horses, however well trained, if unaccustomed to them, are made restive and frightened by approaching automobiles, which often are run at high speed, attended by explosive noises, with the emission of…
2Cases cited14 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Thomes v. Meyer Store Inc.Massachusetts Supreme Judicial Court · 1929
- Casey v. GallagherMassachusetts Supreme Judicial Court · 1951
- Brown v. Chevrolet Motor Co.California Court of Appeal · 1919
- Wilson v. GraceMassachusetts Supreme Judicial Court · 1930
43 more not listed; retrieve them via the Exa API.