Perlstein v. American Express Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the negligence of the defendant’s servant in driving an express wagon of the defendant against the plaintiff’s wagon on Dedham Street at the corner of Harrison Avenue in Boston. Writ dated August 17, 1898. At the trial in the Superior Court, before Sherman, J., there was evidence in regard to the collision which is sufficiently described in the opinion of the court.
Read the full summary
Tort for personal injuries alleged to have been caused by the negligence of the defendant’s servant in driving an express wagon of the defendant against the plaintiff’s wagon on Dedham Street at the corner of Harrison Avenue in Boston. Writ dated August 17, 1898. At the trial in the Superior Court, before Sherman, J., there was evidence in regard to the collision which is sufficiently described in the opinion of the court. In the course of the trial, the defendant put upon the stand one Cooper, its master of transportation, and proposed to show by him all the routes of the express wagons of…
1Opinion of the CourtKnowlton, J.
In our opinion there was evidence tending to show that the driver of the team which collided with the plaintiff’s team was negligent. The plaintiff introduced testimony that he himself was driving on the right hand side of Harrison Avenue, close to the sidewalk, and it tended to show that he was in the exercise of due care. The driver of the other team was driving “very fast” in the opposite direction, and collided with the plaintiff. This was evidence that he was acting in violation of the statute which requires, persons meeting each other as these persons were, to drive “ to the right of…
2Cases cited6 opinions
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Brown v. Jarvis Engineering Co.Massachusetts Supreme Judicial Court · 1896
- Martin v. RichardsMassachusetts Supreme Judicial Court · 1892
- Reynolds v. HanrahanMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Baggs v. HirschfieldMassachusetts Supreme Judicial Court · 1935
- Danforth v. FisherSupreme Court of New Hampshire · 1908
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
- Tyler v. Stephan's AdministratrixCourt of Appeals of Kentucky · 1915
22 more not listed; retrieve them via the Exa API.