Magner v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort for personal injuries sustained on February 25, 1908, from being knocked down by a street car owned and operated by the defendant.
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Two actions of tort for personal injuries sustained on February 25, 1908, from being knocked down by a street car owned and operated by the defendant. Writs dated June 19 and October 21,1908. In the Superior Court the cases were tried together before Lawton, J. The plaintiff in the first case testified that he was a plumber,, whose place of employment was on Essex ■ Street in Boston; that on the day of the accident he had been with the plaintiff in the second case to a jewelry store to get a locket repaired ; and that they came down Beach Street from Washington Street to Harrison Avenue. He…
1Opinion of the CourtSheldon, J.
While these cases are very close, the majority of the court are of opinion that they should have been left to the jury. The plaintiffs were not necessarily negligent in starting to cross Harrison Avenue as they were passing along Beach *62Street. Their stopping on the crossing to allow a team to pass in front of them could be found to have been merely a proper act of precaution. Their failure to look around during this momentary pause was not decisive of negligence. Murphy v. Armstrong Transfer Co. 167 Mass. 199, and cases cited. The cases differ from Byrne v. Boston Elevated Railway, 198 Mass.…
2Cases cited9 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Kerr v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
- Howland v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1889
- Byrne v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lunderkin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Huggon v. Whipple & Co.Massachusetts Supreme Judicial Court · 1913
- Gerhart v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Burrill v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1930
2 more not listed; retrieve them via the Exa API.