Mattoon v. Rice

102 Mass. 236 | Mass. | 1869

Chapman, C. J.

The instructions excepted to were accurate and sufficient. After the plaintiff had given notice to the defendant that he should kill no hogs unless ordered, on account of the risk of injury to the pork which might be occasioned by the weather, the defendant, by giving the order, would take that risk upon himself, and the plaintiff would be liable only for want of due care, as stated in the instructions.

Exceptions overruled.