Bemis v. Inhabitants of Arlington
Massachusetts Supreme Judicial Court
Tort for damage caused to a horse by a defect in the highway. At the trial in the Superior Court, before Dewey, J., the plaintiff offered evidence to show that a carriage occupied by his two daughters, and driven by one of them, who was an experienced and careful driver, was moving at a moderate rate towards the village of Arlington, along a road which the defendant town was bound to keep in repair; that when the horse was opposite the carriage of one Rockwell, which was…
Read the full summary
Tort for damage caused to a horse by a defect in the highway. At the trial in the Superior Court, before Dewey, J., the plaintiff offered evidence to show that a carriage occupied by his two daughters, and driven by one of them, who was an experienced and careful driver, was moving at a moderate rate towards the village of Arlington, along a road which the defendant town was bound to keep in repair; that when the horse was opposite the carriage of one Rockwell, which was being driven in the opposite direction, he swerved a foot or two from the direct course to the left hand, being frightened…
1Opinion of the CourtDevens, J.
It was decided in Stone v. Hubbardston, 100 Mass. 49, that “ the fact that a horse starts or shies at an object in the highway, (whether such object is or is not a defect in the way,) and is thus brought in contact with a defect, arising either from want of proper repair in the surface of the highway or of sufficient railing at the side of it, is not conclusive against the right of the driver to recover damages against the town for an injury thereby resulting to him.” It was further held that a horse well broken and adapted to the road, who swerves or shies from the direct course, is not in…
2Cases cited3 opinions
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Cook v. City of CharlestownMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Lincoln v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Cushing v. Inhabitants of BedfordMassachusetts Supreme Judicial Court · 1878
- Flagg v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1886
- Mcfarlane v. Town of SullivanWisconsin Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.