Harriman v. Reading & Lowell Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while a passenger in a car operated by the defendant, on January 28,-1896. Writ dated February 12, 1896; the ad damnum being 120,000. The return of the deputy sheriff on the writ recited a service upon the defendant by serving on its assistant treasurer. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Tort, for personal injuries sustained by the plaintiff while a passenger in a car operated by the defendant, on January 28,-1896. Writ dated February 12, 1896; the ad damnum being 120,000. The return of the deputy sheriff on the writ recited a service upon the defendant by serving on its assistant treasurer. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. It was in evidence that the car upon which the plaintiff was injured had run off the track about an hour before the accident in question; that the plaintiff started from Wakefield,…
1Opinion of the CourtKnowlton, J.
1. The defendant excepted to the refusal of the court “ to rule that, upon all the evidence in the case, the defendant had proved that there was no negligence on its part, and had thus overcome the effect of the evidence of the mere running off of the track by the car, introduced by the plaintiff,” and “to direct a verdict for the defendant.” The refusal was right. There was evidence that the car had run off' the track about an hour before the accident, and that immediately before the accident it was running at the rate of fifteen or twenty miles an hour down a grade and around a curve, when…
2Cases cited4 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Ohio & Mississippi Railway Co. v. VoightIndiana Supreme Court · 1890
- Breen v. New York Central & Hudson River RailroadNew York Court of Appeals · 1888
3Cited by13 opinions
- Commonwealth v. O'RourkeMassachusetts Supreme Judicial Court · 1942
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
- Zani v. Phandor Co.Massachusetts Supreme Judicial Court · 1932
- State v. SegarSupreme Court of Connecticut · 1921
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1908
8 more not listed; retrieve them via the Exa API.