Stackpole v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by a boy against a street railway company for injuries incurred by reason of the alleged negligence of the servants of the defendant on April 22, 1904, in running down the plaintiff on Cross Street in Somerville, between Oliver Street and the Edgerly School in that city, where the defendant maintained two tracks respectively for outward bound and inward bound cars.
Read the full summary
Tort by a boy against a street railway company for injuries incurred by reason of the alleged negligence of the servants of the defendant on April 22, 1904, in running down the plaintiff on Cross Street in Somerville, between Oliver Street and the Edgerly School in that city, where the defendant maintained two tracks respectively for outward bound and inward bound cars. Writ dated May 18, 1904. At the trial in the Superior Court before Sherman, J. the following facts appeared in regard to the conduct of the plaintiff: •The plaintiff at the time of the accident was eleven years of age, and the…
1Opinion of the CourtSheldon, J.
Upon the evidence, this accident was due to the plaintiff’s own negligence. He was upon the sidewalk of an open street, and started to “ trot ” across the, street, where he knew that there were double electric railway tracks, immediately behind a car upon the track nearest to him. His view of the street was wholly unobstructed. He testified that he looked both ways before starting to cross, and- did not see the car that struck him until he had got upon that track. But he was familiar with the street, accustomed to cross it four times a day, and fully understood the danger of so doing. He…
2Cases cited8 opinions
- Morey v. Gloucester Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Murphy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Saltman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Mullen v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Young v. SmallMassachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
14 more not listed; retrieve them via the Exa API.