Hall v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff in consequence of being struck by an electric car while crossing the street. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff in consequence of being struck by an electric car while crossing the street. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The plaintiff, who was of advanced age, and who, though very deaf, had good eyesight, undertook to cross Canal Street in the city of Boston, from the corner of Sudbury Street to the Boston and Maine Railroad Station, at about midday on February 16, 1893, and when he reached the farther of the two car tracks running through Canal Street he was struck and…
1Opinion of the CourtKnowlton, J.
There is no absolute rule of law that, to be in the exercise of due care, one about to cross a public street must look and listen for approaching vehicles. Robbins v. Springfield Street Railway, 165 Mass. 30. He must do for his safety what ordinarily careful persons are accustomed to do under like circumstances.
Soon after twelve o’clock in the daytime, the plaintiff was about to cross Canal Street in Boston, at a place where cars and other vehicles are almost constantly passing. He had good eyesight, but was very deaf. The evidence tended to show that the street was free from vehicles for a…
2Cases cited1 opinion
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
3Cited by20 opinions
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Helliesen v. Seattle Electric Co.Washington Supreme Court · 1909
- Keith v. Worcester & Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Ross v. RussellSupreme Judicial Court of Maine · 1946
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