Hollidge v. Duncan
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff, while he was upon a sidewalk on Washington Street in Boston, by being struck either by the tongue of a dump cart owned by the defendant and in charge of an employee of his, or by glass falling from a window which the tongue fell against and broke. Writ in the Superior Court for the county of Suffolk dated March 15, 1906. There was a trial before Sanderson, J., without a jury.
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Tort for personal injuries alleged to have been received by the plaintiff, while he was upon a sidewalk on Washington Street in Boston, by being struck either by the tongue of a dump cart owned by the defendant and in charge of an employee of his, or by glass falling from a window which the tongue fell against and broke. Writ in the Superior Court for the county of Suffolk dated March 15, 1906. There was a trial before Sanderson, J., without a jury. The facts are stated in the opinion. At the close of the plaintiff’s evidence the defendant rested, and requested the judge to rule as follows :…
1Opinion of the CourtMorton, J.
While the plaintiff was looking into a shop window on Washington Street, he was struck by the pole or tongue of a dump cart owned by the defendant, and loaded with gravel and standing in the street parallel with the sidewalk, or by the plate glass falling from the window broken by the pole, and received the injuries complained of. The horses had been unhitched from the cart, and the pole “ was sticking up in the air ” as a witness described it. In answer to written interrogatories from the plaintiff, the defendant stated that the cart was out of *123order and that the driver was trying to fix it…
2Cases cited6 opinions
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Bucki v. ConeSupreme Court of Florida · 1889
- Campbell v. TrimbleCourt of Appeals of Texas · 1889
- Lane v. Atlantic WorksMassachusetts Supreme Judicial Court · 1871
- James v. MuehlebachMissouri Court of Appeals · 1889
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- Tibbs v. Huber, Hunt & Nichols, Inc.Indiana Supreme Court · 1996
- Ogden v. AspinwallMassachusetts Supreme Judicial Court · 1915
- Ulman v. LindemanNorth Dakota Supreme Court · 1919
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