Holland v. City of Boston
Massachusetts Supreme Judicial Court
Tort, under B. L. c. 51, § 18, against the city of Boston for personal injuries sustained by the plaintiff on June 24, 1909, while driving an automobile on a public highway of the defendant called North Harvard Street in that part of Boston called Brighton, by reason of an alleged defect in that highway, consisting Of a rope stretched across it.
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Tort, under B. L. c. 51, § 18, against the city of Boston for personal injuries sustained by the plaintiff on June 24, 1909, while driving an automobile on a public highway of the defendant called North Harvard Street in that part of Boston called Brighton, by reason of an alleged defect in that highway, consisting Of a rope stretched across it. Writ dated August 11, 1909. In the Superior Court the case was tried before White, J. The plaintiff testified, among other things, that he was by occupation an automobile repair man and had been employed constantly as such for ten years previous to…
1Opinion of the CourtSheldon, J.
The fact that the plaintiff was operating his machine over the highway and that he had no license under the statute then in force (St. 1903, c. 473, §§ 4, 5, as amended by St. 1905, c. 311), was not necessarily fatal to his right to recover. It was merely evidence of his negligence in the management of *562his machine, to be considered by the jury in connection with the other evidence bearing upon that question. Bourne v. Whitman, 209 Mass. 155, 171.
But if his machine was not registered or to be regarded as registered as required by other sections of the statute, then his conduct in running it…
2Cases cited5 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Feeley v. City of MelroseMassachusetts Supreme Judicial Court · 1910
- Love v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by19 opinions
- Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- Potter v. GilmoreMassachusetts Supreme Judicial Court · 1933
- Kenyon v. HathawayMassachusetts Supreme Judicial Court · 1931
- Liddell v. Standard Accident InsuranceMassachusetts Supreme Judicial Court · 1933
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