Messenger v. Dennie
Cases that cite this one
18 later published cases cite this decision.
- Lembo v. Sangermeno (Mass. Dist. Ct., App. Div. 1941)
- Wade v. Buchanan (Mass. 1940)
- Willar v. Bergman (Mass. Dist. Ct., App. Div. 1937)
- Hicks v. H. B. Church Truck Service Co. (Mass. 1927)
- Miller v. Flash Chemical Co. (Mass. 1918)
- Mills v. Powers (Mass. 1913)
- Schoonover v. Baltimore & Ohio Railroad (W. Va. 1911)
- Russo v. Charles S. Brown Co. (Mass. 1908)
- Beale v. Old Colony Street Railway Co. (Mass. 1907)
- Kolar v. Erie Ry. (Cuyahoga Circuit Court 1905)
- Hayes v. Norcross (Mass. 1895)
- Casey v. City of Malden (Mass. 1895)
- Mullen v. Springfield Street Railway Co. (Mass. 1895)
- Terre Haute Street Railway Co. v. Tappenbeck (Ind. Ct. App. 1894)
- O'Shaughnessy v. Suffolk Brewing Co. (Mass. 1888)
- Patterson v. Hemenway (Mass. 1888)
- Twist v. Winona & St. Peter Railroad (Minn. 1888)
- Collins v. South Boston Railroad (Mass. 1886)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
When this case was before the court at a former term, it was decided that, upon the facts then appearing, the plaintiff was not entitled to recover. Messenger v. Bennie, 137 Mass. 197. The facts offered to be shown at the second trial do not in any essential particular differ from those shown at the first trial. The plaintiff was engaged in the dangerous sport of riding upon the runners of a sleigh in the public street; he suddenly left the runner of the sleigh on which he was riding, while it was in motion, in front and within a few feet of the sleigh driven by the defendant, who was driving at a moderate rate of speed. If, as is now claimed, the plaintiff saw the defendant’s team approaching, it does not help his case. He thoughtlessly and imprudently put himself in a position of danger, and, upon the facts, his injury is attributable to his own carelessness, and not to any negligence of the defendant.
Judgment on the verdict.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.