Braithwaite v. Hall
Decision Date | 26 February 1897 |
Citation | 46 N.E. 398,168 Mass. 38 |
Parties | BRAITHWAITE v. HALL. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
The declaration is as follows: "And the plaintiff says that on the 30th day of May, 1895, while riding his bicycle on Mount Auburn street, in the city of Cambridge, in this commonwealth, and while in the exercise of due care, he was run over by the defendant's horses and carriage, negligently driven by a servant of the defendant while acting in the scope of his employment whereby the plaintiff was severely injured, made sick, put to great expense and loss of time, and whereby his bicycle was demolished."
Defendant's demurrer and answer are as follows:
D.D. Corcoran, for plaintiff.
John F. Simmons, for defendant.
The demurrer must be overruled. The meaning of the declaration is plain and sufficient. Nowadays we do not require pleadings to be guarded against all the possible distortions of perverse ingenuity. The single collision which caused the damage to the...
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Braithwaite v. Hall
...168 Mass. 3846 N.E. 398BRAITHWAITEv.HALL.Supreme Judicial Court of Massachusetts, Middlesex.Feb. 26, Exceptions from superior court, Middlesex county; Caleb Blodgett, Judge. Action by John Braithwaite against Frank Hall. There was a verdict for plaintiff, and defendant excepts. Exceptions o......