Copeland v. Draper
Massachusetts Supreme Judicial Court
This was an action of tort. Trial in the Superior Court, before Fessenden, J., who reported the case for the determination of this court, in substance as follows.
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This was an action of tort. Trial in the Superior Court, before Fessenden, J., who reported the case for the determination of this court, in substance as follows. The plaintiff introduced evidence tending to show that he was a police officer of Boston ; that three or four weeks prior to the time when he received the injuries hereinafter mentioned, the defendant, who was a livery stable keeper, furnished for hire to the city of Boston a horse to be used by the mounted patrolmen of Boston; that the horse was examined and tried at the defendant’s stable by one of the mounted police officers of…
1Opinion of the CourtHolmes, J.
Horne v. Meakin, 115 Mass. 326, the case relied on by the plaintiff, only decides that, if a party negligently furnishes an unsuitable horse, it is not a defence that he did not know that the horse was unsuitable. In the case at bar, negligence was excluded by the plaintiff’s admission that there was no evidence that the defendant knew, or by the exercise of reasonable care could have known, that the horse was unsuitable, if in fact it was; therefore, in order to recover, the plaintiff *560must maintain that a livery stable keeper warrants or insures the suitableness of every horse which he lets.…
2Cases cited10 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
- Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
- Horne v. MeakinMassachusetts Supreme Judicial Court · 1874
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3Cited by20 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Mitchell v. LonerganMassachusetts Supreme Judicial Court · 1934
- Andrews v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1933
- Hosmer v. . CarneyNew York Court of Appeals · 1920
- Lynch v. RichardsonMassachusetts Supreme Judicial Court · 1895
15 more not listed; retrieve them via the Exa API.