Smith v. Gardner

Massachusetts Supreme Judicial Court

Smith v. Gardner

77 Mass. 418

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 418 (Smith v. Gardner) 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.

Bluebook

Smith v. Gardner, 77 Mass. 418 (Mass. 1858).

Pincite

Opinion

By the Court.

The instructions for which the defendant asked were rightly refused, and the instructions given were clearly correct. The Rev. Sts. c. 51, § 1, only require persons meeting each other on the road with carriages to turn to the right, and do not prohibit their using any part of the street that may be convenient at other times. The mere fact that the plaintiff was on the left side was not conclusive evidence that he was violating the law, nor would it prevent him from recovering damages against any one who negligently came into collision with him. Exceptions overruled.

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By the Court.

The instructions for which the defendant asked were rightly refused, and the instructions given were clearly correct. The Rev. Sts. c. 51, § 1, only require persons meeting each other on the road with carriages to turn to the right, and do not prohibit their using any part of the street that may be convenient at other times. The mere fact that the plaintiff was on the left side was not conclusive evidence that he was violating the law, nor would it prevent him from recovering damages against any one who negligently came into collision with him. Exceptions overruled.

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Bluebook (online)

77 Mass. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-gardner-mass-1858.