Carroll v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff’s intestate and caused by a wagon which he was driving being run into from behind by a car of the defendant. Writ dated September 9, 1907. The case was tried before Hitchcock, J. The facts are stated in the opinion. At the close of the evidence the presiding judge ordered a verdict for the defendant; and the plaintiff alleged exceptions'.
1Opinion of the CourtRugg, J.
This is an action of tort to recover damages for personal injuries. There was evidence tending to show that the plaintiff’s intestate, driving an ordinary democrat wagon on the right hand side of a public way in which were tracks of the defendant, came upon a covered milk wagon going in the same *430direction. There was room enough for him to pass the milk wagon without driving upon the tracks of the defendant, but not without getting so near as to come within the range of a passing car. Before starting to pass the milk wagon, which was going at little more than a walk, he looked and saw a car…
2Cases cited5 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Creavin v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Wright v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- NickersonMassachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Eustis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Sellon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Hall v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1914
- O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
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