McNeil v. Boston Ice Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Tort, for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence that the plaintiff was injured by reason of a cake of ice weighing about 140 pounds falling from the rear end of one of the defendant’s ice wagons upon her foot, necessitating amputation; that the accident occurred upon Wachusett Street, in Boston, but whether upon the crosswalk where it intersected Walkhill Street, or at a point in Wachusett Street about…
1Opinion of the CourtMorton, J.
The jury returned a verdict for the plaintiff, and to the question submitted to them by the court, “ Was the plaintiff on the crossing at the time the injury was received, or was she in the road near the corner house ? ” answered, “ On the crossing.”
The defendant contends that the mother was negligent in allowing the plaintiff to go out with her oldest sister, a child five years and four months old, to play in the vacant lot at the side of the house, the lot being entirely unfenced and unguarded, and fronting on a public street. But upon the evidence that was, we think, under recent…
2Cases cited7 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Hewitt v. Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Slattery v. O'ConnellMassachusetts Supreme Judicial Court · 1891
- Powers v. Quincy & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Minsk v. PitaroMassachusetts Supreme Judicial Court · 1933
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
11 more not listed; retrieve them via the Exa API.