Wood v. Remick

Massachusetts Supreme Judicial Court

Wood v. Remick

9 N.E. 831, 143 Mass. 453, 1887 Mass. LEXIS 330

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 25, 1887

StatusPublished

Cited by7 cases

This text of 9 N.E. 831 (Wood v. Remick) 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

Wood v. Remick, 9 N.E. 831, 143 Mass. 453, 1887 Mass. LEXIS 330 (Mass. 1887).

Pincite

Opinion

By the Court.

A man who takes cattle to pasture is bound to use reasonable and ordinary care to protect them from injury.

■ If a plaintiff contends that his cattle are injured by the negligence of the agistor, the burden of proof is upon him to show such negligence. In the case at bar, therefore, the court rightly ruled that, under the plaintiff’s second count, this burden was upon her. The instructions requested by her are in contradiction of this rule, and were rightly refused.

Exceptions overruled.

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By the Court.

A man who takes cattle to pasture is bound to use reasonable and ordinary care to protect them from injury.

■ If a plaintiff contends that his cattle are injured by the negligence of the agistor, the burden of proof is upon him to show such negligence. In the case at bar, therefore, the court rightly ruled that, under the plaintiff’s second count, this burden was upon her. The instructions requested by her are in contradiction of this rule, and were rightly refused.

Exceptions overruled.

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Bluebook (online)

9 N.E. 831, 143 Mass. 453, 1887 Mass. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-remick-mass-1887.

Opinion

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