Whitney v. Inhabitants of Leominster
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff, on January 29, 1881, by reason of an alleged defect in a highway in the defendant town.
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Tort, for personal injuries sustained by the plaintiff, on January 29, 1881, by reason of an alleged defect in a highway in the defendant town. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The defendant contended that the plaintiff was not in the exercise of due care at the time of the injury, and offered evidence tending to show that he was driving his horse at a high rate of speed at the time, one of the witnesses estimating it at fifteen miles an hour. The defendant offered evidence that the horse of the plaintiff had been…
1Opinion of the CourtDevens, J.
It was in controversy whether the plaintiff was in the exercise of due care, and there was evidence tending to show that he was driving at a high rate of speed, one of the witnesses estimating it at fifteen miles an hour. As tending to show the capacity of the plaintiff’s horse for speed, and as bearing upon the probability of the testimony as to his actual speed at the time of the accident, the defendant was permitted to show that the horse had been driven on a race-course at the rate of a mile in three minutes. As thus limited^ the evidence was competent. The fact to be determined was…
2Cases cited3 opinions
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