Collins v. South Boston Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries. Trial in the Superior Court, before Q-ardn&r, J.,,who reported the case for the determination of this court, in substance as follows: The plaintiff, a boy four years and twenty-three days old, lived with his parents in Athens Street, South Boston, near the corner of C Street, Athens Street being the next street northerly of and parallel to Broadway.
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Tort for personal injuries. Trial in the Superior Court, before Q-ardn&r, J.,,who reported the case for the determination of this court, in substance as follows: The plaintiff, a boy four years and twenty-three days old, lived with his parents in Athens Street, South Boston, near the corner of C Street, Athens Street being the next street northerly of and parallel to Broadway. He left home on the afternoon of July 29, 1882, in company with his sister Nellie, a girl eleven years of age less a month and five days, to buy candy at a shop on C Street, but on the other side of Broadway from where…
1Opinion of the CourtField, J.
We cannot say, as matter of law, that the parents of the plaintiff were negligent in permitting him to go upon the streets with his sister, who was then nearly eleven years old, or that the sister had not sufficient intelligence and discretion to be entrusted with the care of him. Mulligan v. Curtis, 100 Mass. 512. Lynch v. Smith, 104 Mass. 52. O' Connor v. Boston Lowell & Railroad, 135 Mass. 352. Neither can we say that there was not evidence for the jury of negligence on the part of the driver of the car. There was evidence that he was looking back. Commonwealth v. Metropolitan Railroad,…
2Cases cited7 opinions
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1886
- O'Connor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- Mulligan v. CurtisMassachusetts Supreme Judicial Court · 1868
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3Cited by39 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Studer v. Southern Pacific Co.California Supreme Court · 1898
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
34 more not listed; retrieve them via the Exa API.