Finnick v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff and to his horse and wagon from being run into by an electric car of the defendant at the time and in the manner described in the statement of the court. Writ dated July 15,1904. At the trial in the Superior Court before Wait, J. the jury returned a verdict for the plaintiff in the sum of $267.50.
1Opinion of the CourtLoring, J.
[After the foregoing statement of the case.] 1. In its argument that there was no evidence of negligence on the part of the defendant, the defendant has assumed that the car was going ten or twelve miles an hour. But that assumption is not warranted. The jury were not bound to believe the testimony of the defendant’s witnesses. If they believed (as they were warranted in believing on the evidence) that the wagon was struck sixty feet north of Cosgrove Street and was pushed along Gorham Street about twenty feet after it was *385struck by the car and up against a post, and that the car did not stop…
2Cases cited11 opinions
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Hall v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Donovan v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Hurley v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Saylor v. Union Traction Co.Indiana Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.