Lundergan v. Graustein & Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, an employee of the defendant, by reason of his being dragged from the seat of a milk wagon which he was driving for the defendant because a part of the harness broke, as stated in the opinion, with counts at common law and under R. L. c. 106, § 71, cl. 1, 2. Writ in the Superior Court dated February 14, 1908. ^ The case was tried before Hitchcock, J. The facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff, an employee of the defendant, by reason of his being dragged from the seat of a milk wagon which he was driving for the defendant because a part of the harness broke, as stated in the opinion, with counts at common law and under R. L. c. 106, § 71, cl. 1, 2. Writ in the Superior Court dated February 14, 1908. ^ The case was tried before Hitchcock, J. The facts are stated in the opinion. At the close of the evidence, the defendant requested the presiding judge to instruct the jury as follows: “ 1. Upon all the evidence in the case the…
1Opinion of the CourtRugg, J.
This is an action of tort. The plaintiff was a man of mature years and long experience as a driver. While he was driving a gentle horse at a walk on a street in Boston, he noticed that one trace was off the whiffletree and he “ pulled the horse right up quick, pulled her up so she was almost standing.” The back strap of the harness broke, and thereby the plaintiff received his injuries.
1. There was evidence enough to support a finding that the plaintiff was in the exercise of due care. The testimony was conflicting, but the jury might have found that it was no part of the plaintiff’s duty to…
2Cases cited3 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
- Hannan v. American Steel and Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1906
3Cited by5 opinions
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Foley v. J. R. Whipple Co.Massachusetts Supreme Judicial Court · 1913
- White v. NewborgMassachusetts Supreme Judicial Court · 1911
- Murphy v. O'NeilMassachusetts Supreme Judicial Court · 1910
- Condon v. GahmMassachusetts Supreme Judicial Court · 1911