Mullen v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff, a child twelve years of age, being struck by a car of the defendant at the corner of Williams Street and Shawmut Avenue in Boston. Writ dated July 18, 1907. In the Superior Court the case was tried before Harris, J. Shawmut Avenue runs northerly and southerly. The street railway track designated as “inward” in the opinion was on the easterly side of Shawmut Avenue, and that designated “ outward ” was on the westerly side.
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Tort for personal injuries caused by the plaintiff, a child twelve years of age, being struck by a car of the defendant at the corner of Williams Street and Shawmut Avenue in Boston. Writ dated July 18, 1907. In the Superior Court the case was tried before Harris, J. Shawmut Avenue runs northerly and southerly. The street railway track designated as “inward” in the opinion was on the easterly side of Shawmut Avenue, and that designated “ outward ” was on the westerly side. The plaintiff’s evidence tended to show that she was crossing Shawmut Avenue from the east, thus approaching first the…
1Opinion of the CourtBraley, J.
The evidence is irreconcilable. But the jury could have found from the plaintiff’s testimony, that she was walking on the crosswalk over the plaintiff’s track, after having looked when at the curbstone and seen the car some distance away on the inward track, which appeared to be “slowing down,” and a heavy team approaching at a walk from the opposite direction on the outward track. It was not, as matter of law, negligence for her to attempt to cross from one side of the street to the other. Wood v. Boston Elevated Railway, 188 Mass. 161. Silva v. Boston Elevated Railway, 183 Mass. 249.…
2Cases cited11 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
- O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- O'Toole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Farris v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- McBride v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1931
- Shea v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
4 more not listed; retrieve them via the Exa API.