Fogg v. Inhabitants of Nahant
This text of 106 Mass. 278 (Fogg v. Inhabitants of Nahant) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
When these cases were before the court at a former term, it was decided, after mature and careful consideration, that the facts, as there reported, brought them within the rule laid down in Davis v. Dudley, 4 Allen, 557, and Titus v. Northbridge, 97 Mass. 258. See Fogg v. Nahant, 98 Mass. 578. We are unable to see that the report of the evidence at the second trial presents the cases in any different aspect. It was substantially the same as at the first trial, and shows that at the time of the accident, and for some time before, the horses were beyond the control of their driver, and that this fact contributed to the accident. The ruling of the presiding judge directing verdicts for the defendants was therefore correct.
Judgments on the verdicts.
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106 Mass. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fogg-v-inhabitants-of-nahant-mass-1871.