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Corey v. Havener

65 N.E. 69 (1902)

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Corey v. Havener

Massachusetts Supreme Court

65 N.E. 69 (1902)

Facts

Lud Havener and A.L. Adams (defendants) were both driving motorized tricycles at high speed when they passed Henry Corey (plaintiff) on either side, startling his horse. Corey suffered injuries and sued for negligence. Havener and Adams asked the judge to instruct the jury that neither could be liable unless the horse would not have spooked “but for” his conduct, and that the jury could not hold both men liable. The judge refused, and the jury found both Havener and Adams were negligent and contributed to the accident. The court entered judgment imposing joint and several liability against both men for the full amount of Corey’s damages. Havener and Adams appealed.

Rule of Law

Issue

Holding and Reasoning (Lathrop, J.)

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