Adams v. Swift

Citation52 N.E. 1068,172 Mass. 521
PartiesADAMS v. SWIFT et al.
Decision Date28 February 1899
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

172 Mass. 521
52 N.E. 1068

SWIFT et al.

Supreme Judicial Court of Massachusetts, Bristol.

Feb. 28, 1899.

Exceptions from superior court, Bristol county; J.B. Richardson, Judge.

Action by Annie E. Adams against Caroline F. Swift and another for personal injuries from a collision between the carriages in which the respective parties were driving on the 15th day of August, 1894, on a road leading from New London to Sunapee, in the state of New Hampshire. There was testimony tending to show that defendant Helen L. Swift, a minor, 19 years of age, was stopping with her mother at an hotel in said Sunapee, and that the father was then at his home, in New Bedford; that the defendants and a Mrs. Page, of Norfolk, Va., were invited by a Mr. Borden to drive with him from Sunapee to New London on said date, to witness a coaching parade; and that defendant Helen L. Swift accepted unconditionally, and the defendant Caroline F. Swift upon condition that she should be permitted to reimburse Mr. Borden for one-half the cost of the carriage, and that Mrs. Swift testified upon this point, “I do not know what was paid for the hire of the team, but only know that my daughter and I were invited to go by Mr. Borden, and I told him I would accept his invitation provided he would let me pay one-half of it, and, after some discussion with Mr. Borden, he finally consented, and I paid him $2.50;” that defendant Helen L. Swift drove the team from Sunapee up to and at the time of the collision; that, upon the return from New London to Sunapee, the plaintiff was driving in a buggy with her husband directly in front of the carriage occupied by the defendants, which latter was a two-seated surrey, drawn by two spirited horses, driven by the defendant Helen L. Swift, Mr. Borden and Miss Swift being upon the front seat, and Mrs. Swift and Mrs. Page upon the back seat; that the carriages of plaintiff and defendants formed part of a procession on the road of seventy-five or one hundred carriages returning home, being in line close together, except that the actual distance between defendants' carriage and that next in rear did not appear, and that they maintained their relative positions substantially in the line until the accident complained of; that, just prior to the accident, the attention of the plaintiff and her husband was drawn to the carriage in which the defendants were driving, at which time the carriage in which were the defendants was coming down the end of an incline in the...

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