Mattey v. Whittier Machine Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant’s servant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : The plaintiff was six years and seven months old at the time of the accident.
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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant’s servant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : The plaintiff was six years and seven months old at the time of the accident. She testified that, on the day of the accident, she was walking on the right-hand sidewalk of Blossom Street in the city of Boston, from the direction of Cambridge Street towards Parkman Street; that when she came to the point where Blossom Street crosses Parkman Street, she looked to her right up…
1Opinion of the CourtMorton, C. J.
We cannot say, as matter of law, that the plaintiff, by stopping to pick up her bundle, was guilty of contributory negligence which prevents her recovering in this action. In some cases, when all the circumstances attending the act and the situation of a plaintiff are settled and undisputed, and these circumstances show, according to the common experience of all men, that the plaintiff was careless, the court has held, as matter of law, that he could not recover. But such is not this case. There was conflicting evidence at the trial as to the speed with which the defendant’s servant was…
2Cited by8 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Dupuis v. HeiderSupreme Court of Florida · 1934
- Pinto v. BrennanMassachusetts Supreme Judicial Court · 1926
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