Frost v. Josselyn
Massachusetts Supreme Judicial Court
Tort for injuries caused by the alleged negligence of the defendants in setting off two rochets which frightened the plaintiff’s horse and caused him to overturn the buggy in which the plaintiff was driving. Writ dated March 29, 1897. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the plaintiff in the sum of $700 with certain special findings.
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Tort for injuries caused by the alleged negligence of the defendants in setting off two rochets which frightened the plaintiff’s horse and caused him to overturn the buggy in which the plaintiff was driving. Writ dated March 29, 1897. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the plaintiff in the sum of $700 with certain special findings. The plaintiff discontinued his action against the defendant A. Clarence Josselyn, and the judge at the request of the other defendant, Charles F. Josselyn, reported the case for the consideration of this court.…
1Opinion of the CourtLathrop, J.
The declaration in this case alleges that the plaintiff was lawfully driving his team, in the exercise of due care, in the town of Townsend, on the public highway which passes the grocery occupied by the defendants, when his horse was greatly terrified and frightened by the negligent and careless discharge of fireworks by the defendants, and that by reason of said negligence and carelessness of the defendants, the plaintiff’s horse was so terrified and frightened that it ran away and the plaintiff was thrown out and injured.
The case comes before us upon a report of the judge of the Superior…
2Cases cited1 opinion
- Scanlon v. WedgerMassachusetts Supreme Judicial Court · 1892
3Cited by6 opinions
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- Lemoine v. Springfield Hockey Ass'nMassachusetts Supreme Judicial Court · 1940
- Haack v. Brooklyn Labor Lyceum Ass'nAppellate Division of the Supreme Court of the State of New York · 1904
- Crowley v. Rochester Fireworks Co.Appellate Division of the Supreme Court of the State of New York · 1904
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