Sullivan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT for personal injuries from being thrown from the seat of a brewery wagon, in which the plaintiff in the first case was driving and the plaintiff in the second case was sitting by his side, by a collision, on Main Street in that part of Boston called Charlestown, caused by a car of the defendant running into the wagon from behind, through the alleged negligence of the defendant’s servants.
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Two ACTIONS OF TORT for personal injuries from being thrown from the seat of a brewery wagon, in which the plaintiff in the first case was driving and the plaintiff in the second case was sitting by his side, by a collision, on Main Street in that part of Boston called Charlestown, caused by a car of the defendant running into the wagon from behind, through the alleged negligence of the defendant’s servants. Writs dated January 17 and 24, 1901. In the Superior Court the cases were tried together before Bell, J. At the close of the evidence the defendant, among other requests, asked the judge…
1Opinion of the CourtLorinGt, J.
At the argument the defendant waived the contention made by it in its brief that the evidence did not warrant a finding that it was guilty of negligence, and insisted only that there was no evidence of due care on the part of the plaintiffs and that the presiding judge should not have let the jury find that Sullivan’s attack of appendicitis was caused by the collision.
*604The accident happened under these circumstances. Sullivan was driving a large brewery wagon half filled with empty beer barrels, on the right side of Main Street in Charlestown going toward Boston. The centre of the street was…
2Cases cited7 opinions
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Randolph v. O'RiordonMassachusetts Supreme Judicial Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Sentilles v. Inter-Caribbean Shipping Corp.Supreme Court of the United States · 1959
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- DeFilippo's CaseMassachusetts Supreme Judicial Court · 1933
- Rose v. John Deere Ottumwa WorksSupreme Court of Iowa · 1956
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
25 more not listed; retrieve them via the Exa API.