Fitzgerald v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being run down by an electric car of the defendant at about half past eleven o’clock on the evening of September 16,1903, on Columbus Avenue in Boston, while the plaintiff was crossing a track of the defendant for the purpose of taking a car on the parallel track beyond it.
Read the full summary
Tort for personal injuries from being run down by an electric car of the defendant at about half past eleven o’clock on the evening of September 16,1903, on Columbus Avenue in Boston, while the plaintiff was crossing a track of the defendant for the purpose of taking a car on the parallel track beyond it. Writ dated October 17, 1903. In the Superior Court Sherman, J. ordered a verdict for the defendant, and at the request of the plaintiff reported the case for determination by this court. If the order was correct the verdict was to stand; otherwise, there was to be a new trial.
1Opinion of the CourtLoring, J.
The plaintiff started from the wrong, that is to say the left hand, side of a street, to cross the outward bound track of the defendant railway to take an inward bound car going to Boston. He testified that on seeing the inward bound car approach on the further track he looked both ways, did not see the outward bound car, and walked into it in going across the outward bound track to pass behind the inward bound car in order to board it. He said that the time when he looked was twenty seconds before he left the sidewalk, and it took about twenty seconds to walk across the road to the place…
2Cases cited9 opinions
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Donovan v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Saltman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Dunn v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Helliesen v. Seattle Electric Co.Washington Supreme Court · 1909
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Kaminski v. FournierMassachusetts Supreme Judicial Court · 1920
28 more not listed; retrieve them via the Exa API.