Cuddy v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff from being run into by an electric street car as described in the opinion. Writ dated April 26, 1907. In the Superior Court the case was tried before Harris, J. The material facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff from being run into by an electric street car as described in the opinion. Writ dated April 26, 1907. In the Superior Court the case was tried before Harris, J. The material facts are stated in the opinion. At the close of the plaintiff’s evidence, the presiding judge ordered a verdict for the defendant and reported the case to this court for determination, the parties agreeing that, “ if, upon all the evidence, including any evidence excluded against objection and exception which should have been admitted, and excluding any evidence…
1Opinion of the CourtSheldon, J.
While the plaintiff was in a safe position between the inward and the outward bound tracks of the defendant’s railway, having crossed the former track upon his way across the street, he saw a car approaching him upon the outward track at a distance from the cross walk on which he stood, which he put at from ten to fifteen feet, but which upon the testimony of Hanley and the distances shown upon the plans that were in evidence, the jury might have found to be twenty or possibly thirty feet. He went on in front of the car, which also kept on without any apparent abatement of its speed, until he…
2Cases cited11 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hanley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Powers v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Woods v. O'NeilMassachusetts Appeals Court · 2002
- Sullivan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1922
- Doyle v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1975
- McGuiggan v. St. Paul City Railway Co.Supreme Court of Minnesota · 1949
- Jacobs v. Illinois Terminal Co.Appellate Court of Illinois · 1931
1 more not listed; retrieve them via the Exa API.