Osborne v. Bay State Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries received when the plaintiff, a boy seven years of age, was run over by a street railway car of the defendant, and the second by the father of the plaintiff in the first action for consequential damages. Writs dated June 20, 1914. In the Superior Court the cases were tried together before Hamilton, J. The material evidence is described in the opinion.
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Two actions of tort, the first for personal injuries received when the plaintiff, a boy seven years of age, was run over by a street railway car of the defendant, and the second by the father of the plaintiff in the first action for consequential damages. Writs dated June 20, 1914. In the Superior Court the cases were tried together before Hamilton, J. The material evidence is described in the opinion. At the close of the evidence, the judge refused to rule that on all the evidence the plaintiffs were not entitled to recover, that there was no evidence that the plaintiff in the first case was…
1Opinion of the CourtCrosby, J.
Alphonso Osborne, who hereinafter will be referred to as the plaintiff, received the injuries on account of which these actions were brought on July 8, 1912. At that time he was about *428seven years of age. Shortly before the accident the plaintiff, with two companions, had been playing on Lynn Common in the city of Lynn. The defendant’s track was located on North Common Street, which is a street extending along the northerly side of the Common. There is an iron fence along the side of this street, between the Common and the street. The distance from the track to the Common at the place of the…
2Cases cited4 opinions
- Widmer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Kiley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Brightman v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hutchinson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
3Cited by7 opinions
- Anger v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Weir v. Kansas City Railways Co.Supreme Court of Kansas · 1921
- Daigneau v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Selibedea v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Diamato v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1937
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