Charles v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Emma M. Charles, with a declaration, as amended, in five counts, only the third, fourth and fifth of which are material.
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Tort by the administrator of the estate of Emma M. Charles, with a declaration, as amended, in five counts, only the third, fourth and fifth of which are material. In these counts it was alleged that the defendant undertook for its own purposes and in its own interest to guard properly a hole or trench in Washington Street in that part of Boston called Dorchester between its outward bound tracks, and to give proper and sufficient warning and notice of the existence of the hole so that the highway at that place might be reasonably safe for travellers, and that it had failed properly to perform…
1Opinion of the CourtRugg, C. J.
This is an action of toft. The declaration was in five counts, three of which are material, one to recover for the personal injuries, one for the property damage, and one for the penalty for causing the death of the plaintiff’s intestate, who was his wife. The plaintiff and his wife were travelling together with their daughter, then about ten years old, on Washington Street in Dorchester, in an open runabout driven by the plaintiff, who was a livery stable keeper, when the horse went into an excavation in the street and the intestate was thrown upon the pavement, receiving injuries as a…
2Cases cited27 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Douglass v. TouseyNew York Supreme Court · 1829
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Rich v. FinleyMassachusetts Supreme Judicial Court · 1949
18 more not listed; retrieve them via the Exa API.