Legal Opinion

Lucarelli v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided January 29, 1913PublishedCited by 7 opinions

Tort for personal injuries alleged to have been caused by the plaintiff being run into by a street car of the defendant as he was crossing Meridian Street at its intersection with Paris Street in that part of Boston called East Boston. Writ dated April 3, 1911. In the Superior Court the case was tried before Irwin, J. The only.witness for the plaintiff on the question of liability was the plaintiff.

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Tort for personal injuries alleged to have been caused by the plaintiff being run into by a street car of the defendant as he was crossing Meridian Street at its intersection with Paris Street in that part of Boston called East Boston. Writ dated April 3, 1911. In the Superior Court the case was tried before Irwin, J. The only.witness for the plaintiff on the question of liability was the plaintiff. He testified in direct examination, on the subject of warning of the approach of the car, as follows: “Q. Whether or not you heard anything; whether or not you heard the car approaching, — the…

1Opinion of the CourtBraley, J.

The jury upon conflicting evidence would have been warranted in finding that at the time of the accident the plaintiff, a boy some ten years of age, while a traveller in the street in which were the double tracks of the defendant’s railway, had occasion to pass from one side to the other. Before leaving the curb he looked across, and, seeing only an inbound car which had stopped at the cross walk, started over the cross walk, following travellers who preceded him. Upon passing the stationary car he reached the outward track where he was struck and injured by an outbound car, the motorman of…

2Cases cited8 opinions

  1. Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
  2. Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
  3. Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
  4. McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  5. Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. McBride v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1931
  2. Friedman v. BerthiaumeMassachusetts Supreme Judicial Court · 1939
  3. Farmer v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1914
  4. Ristuccia v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1933
  5. Prendergast v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919

2 more not listed; retrieve them via the Exa API.

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