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18 Mass. 345

Fales v. Dearborn

Massachusetts Supreme Judicial Court · decided 1823-03-15

This was an action of trespass, originally brought before a justice of the peace, to recover a compensation for an injury to the plaintiff’s hackney-coach, occasioned by the defendant in negligently driving against it with his chaise.

Decided 1823-03-15

¶1The Court observed, that the defendant, before he attempted io cross to Concert Hall, ought to have seen that he could do it without interfering with persons who were in the proper exercise of their right of passing through the street, and that *354they saw no reason to find fault with the direction of the judge of the Court of Common Pleas.

¶2Judgment affirmed 1

¶3 See Mayhem v. Boyce, 1 Stark. 423; Aston, v. Heaven, 2 Esp. 533; Wordsworth v. Willan, 5 Esp. 273. [ Wade v. Carr, 2 Dowl. & R. 255; Story on Bailments, 376 - 378; Earing v. Lansingh, 7 Wendell, 185; Clark v. Commonwealth, 4 Pick. 125.]

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