Gay v. Essex Electric Street Railway Co.
Massachusetts Supreme Judicial Court
Tort. The amended declaration was as follows : “ The plaintiff says that the defendant is a street railway company, owning and managing a street railway between Peabody and Salem, in the county of Essex, and the defendant negligently, and without right, left several street railway cars standing unguarded in one of the public streets of said Salem a long time, to wit, for seven days ; that said cars were furnished.with dangerous brakes, with a brake handle on each platform of…
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Tort. The amended declaration was as follows : “ The plaintiff says that the defendant is a street railway company, owning and managing a street railway between Peabody and Salem, in the county of Essex, and the defendant negligently, and without right, left several street railway cars standing unguarded in one of the public streets of said Salem a long time, to wit, for seven days ; that said cars were furnished.with dangerous brakes, with a brake handle on each platform of the car, at the bottom of the brake staff belonging to each of which were brake chains, which were so connected…
1Opinion of the CourtMorton, J.
The plaintiff relies upon the amended delaratión. It is difficult to understand from it precisely what the cause of action is, or precisely how the injury complained of was received by the plaintiff’s intestate. It would seem, taking the declaration as a whole, that he was not a traveller on the highway, (though there seems to be an allegation to that effect,) nor a mere spectator, injured while looking for a moment at what other children were doing, as was the case in both respects with the plaintiff in Lane v. Atlantic Works, 107 Mass. 104; S. C. 111 *240Mass. 136. As we construe the…
2Cases cited9 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
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- Holbrook v. AldrichMassachusetts Supreme Judicial Court · 1897
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
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