Shaw v. Ogden
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Russell J. Shaw, who was the driver of a delivery wagon, for personal injuries sustained by the plaintiff’s intestate on June 6, 1910, and alleged to have been caused by the defendant’s negligence in permitting the limb of a tree to hang so low over the driveway of the defendant that it struck the top of the covered wagon in which the plaintiff’s intestate was driving and threw him to the ground.
Read the full summary
Tort by the administratrix of the estate of Russell J. Shaw, who was the driver of a delivery wagon, for personal injuries sustained by the plaintiff’s intestate on June 6, 1910, and alleged to have been caused by the defendant’s negligence in permitting the limb of a tree to hang so low over the driveway of the defendant that it struck the top of the covered wagon in which the plaintiff’s intestate was driving and threw him to the ground. Writ dated August 20, 1910. In the Superior Court the case was tried before Crosby, J. The material facts which could have been found upon the evidence are…
1Opinion of the CourtSheldon, J.
The case was submitted to the jury under instructions which do not appear to have been excepted to and which we now must take to have been full and accurate, unless the defendant was entitled to have a verdict ordered in her favor. That is the only point which we have to consider. «
The jury had a right to find that the plaintiff’s intestate, while in the exercise of due care, was knocked from the seat of his wagon upon the defendant’s driveway by the overhanging branch of a tree. He had come upon the premises and was using the driveway of the defendant at her implied invitation. She owed to…
2Cases cited7 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Curtis v. KileyMassachusetts Supreme Judicial Court · 1891
- Marston v. ReynoldsMassachusetts Supreme Judicial Court · 1912
- Currier v. Boston Music Hall Ass'nMassachusetts Supreme Judicial Court · 1883
- Hamilton v. TaylorMassachusetts Supreme Judicial Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Greenfield v. MillerWisconsin Supreme Court · 1921
- Sterns v. Highland Hotel Co.Massachusetts Supreme Judicial Court · 1940
- Crone v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1929
- Denny v. Riverbank Court Hotel Co.Massachusetts Supreme Judicial Court · 1933
- Kennedy v. Cherry & Webb Co.Massachusetts Supreme Judicial Court · 1929
10 more not listed; retrieve them via the Exa API.