Thompson v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received when the plaintiff on April 27, 1914, was struck by an electric street car of the defendant bound outward from Boston on East Fourth Street in that part of Boston called South Boston.
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Tort for personal injuries received when the plaintiff on April 27, 1914, was struck by an electric street car of the defendant bound outward from Boston on East Fourth Street in that part of Boston called South Boston. Writ dated July 15, 1914. In the Superior Court the action was tried before Fessenden, J. It appeared that East Fourth Street runs easterly toward City Point and westerly toward Boston proper and at the point of the accident is a straight street in both directions for many hundred feet. In the centre of it are double tracks of the defendant. P Street crosses East Fourth Street…
1Opinion of the CourtBraley, J.
The defendant’s counsel states in his brief, that the plaintiff’s statements as to his movements after he left the sidewalk "are so conflicting and contradictory on all essential points that it is very difficult to summarize his testimony” given in his direct, cross, redirect and recross examination. But the contradictory statements were for the consideration of the jury unless they rejected his entire evidence, and the verdict in his favor must stand if warranted by any material aspect of his testimony. Tierney v. Boston Elevated Railway, 216 Mass. 283. Kerr v. Shurtleff, 218 Mass. 167, 170.…
2Cases cited9 opinions
- Kerr v. ShurtleffMassachusetts Supreme Judicial Court · 1914
- Cleary v. CavanaughMassachusetts Supreme Judicial Court · 1914
- Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- O'Toole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
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3Cited by4 opinions
- Scherer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- McBride v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1931
- Gerhart v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Kenney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1933