Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 51

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 51

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...or on the part of those for whose negligence the defendant is responsible.-" The son testifies that he was directed by his father to go and get a bill changed; that he drove for that purpose to the store of Lincoln on State street; that he there gave his horse into the keeping of Crommett while he stepped into the store; and that Crommett actually took hold of the reins before he let go of them. This evidence tends to show proper diligence on the part of the son, if Crommett was a suitable person to take charge of a horse, and I believe it is not denied that he was. But it would not be enough that the horse was thus put into the custody of Crommett; nor would it be enough for him to take hold of the reins. It would be the duty of Crommett to guard against the horse's getting away by holding on to the reins with due diligence; and if he was negligent in this particular, and the son was. at the time in the employ of the father as his servant, and Crommett was employed by the son while in the regular discharge of his father's business, the father would be responsible for Crommett's_negligence. The verdict was for the plaintiff, and the defendant excepted. J. Baker, for defendant. 1. The falling of the icicles was an inevitable accident, or at least so unusual an occurrence, that the defendant was not responsible for it; and, if this cause contributed to the injury, the plaintiff cannot recover. 1 Hilliard on Torts, 124, 129; Elimonlv. Lowell, 13 Gray, 59; 2 Cush., 300; 13 Met., 55., 2. The plaintiff was in the street for an unlawful purpose; for an unreasonable time; and obstructing the street. In such cases, he cannot recover. 1 Hil. on Torts, 171. 3. The plaintiff was not in the use of ordinary care; and the more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 123687661X
  • 9781236876614