Nathan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for damage to a motor car belonging to the plaintiff from being run into by an electric car operated by the servants of the defendant in April, 1916, at the intersection of Brookline Avenue and Emerald Street in Brookline. Writ in the Municipal Court of the City of Boston dated August 17, 1916. The defendant’s answer contained a general denial and an allegation that at the time of the accident the plaintiff was not in the exercise of due care.
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Tort for damage to a motor car belonging to the plaintiff from being run into by an electric car operated by the servants of the defendant in April, 1916, at the intersection of Brookline Avenue and Emerald Street in Brookline. Writ in the Municipal Court of the City of Boston dated August 17, 1916. The defendant’s answer contained a general denial and an allegation that at the time of the accident the plaintiff was not in the exercise of due care. At the trial in the Municipal Court the plaintiff introduced evidence tending to prove that the plaintiff’s motor car had been overhauled and was…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover compensation for damage to an automobile belonging to the plaintiff arising from a collision between it and an electric car of the defendant at the.intersection of two streets. The automobile was being driven by one Bain, and one Stoner was with him. The question of fact at issue was whether the collision was due to the negligence of those in charge of the automobile or of the motorman of the car. Both Bain and Stoner testified that they approached Brookline Avenue, one of the intersecting streets, at a low rate of speed, sounding a signal and looking out…
2Cases cited2 opinions
- Loanes v. GastMassachusetts Supreme Judicial Court · 1913
- Belleveau v. S. C. Lowe Supply Co.Massachusetts Supreme Judicial Court · 1908
3Cited by28 opinions
- State v. SwiftSupreme Court of Connecticut · 1939
- Heritage Insurance Co. of America v. PhelanIllinois Supreme Court · 1974
- Real Property Co. v. PittMassachusetts Supreme Judicial Court · 1918
- Koplovitz v. JensenIndiana Supreme Court · 1926
- Teters v. Kansas City Public Service CompanySupreme Court of Missouri · 1957
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