Tripp v. Taft
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Nellie Tripp, for causing the death of the plaintiff’s intestate, a child seven years of age, on September 20, 1912, by knocking her down with an automobile driven by the defendant on West Boylston Street in Worcester as she was crossing that street at about 8.45 a.m. to reach the West Boylston Street School, where she was a pupil.
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Tort by the administrator of the estate of Nellie Tripp, for causing the death of the plaintiff’s intestate, a child seven years of age, on September 20, 1912, by knocking her down with an automobile driven by the defendant on West Boylston Street in Worcester as she was crossing that street at about 8.45 a.m. to reach the West Boylston Street School, where she was a pupil. Writ dated October 31, 1912. In the Superior Court the case was tried before Dana, J. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence the defendant asked the…
1Opinion of the CourtRugg, C. J.
This is an action to recover damages for the death of a girl, seven years old, who received mortal injuries from a collision with an automobile. There was evidence from which it might have been found that the deceased, a strong, healthy girl with good eyesight and hearing and with the intelligence usual to one of her years, was standing on the sidewalk on the westerly side of a street at a point nearly opposite the *83“girls’ gate” of the yard of the school on the other side of the street where she was a pupil, at fifteen minutes before the time for the opening of school. The width of the…
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