Purcell v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first by a girl six and one half years of age to recover for personal injuries caused by her being run into by a street car of the defendant as she was crossing Massachusetts Avenue in Arlington, and the second by the father of the plaintiff in the first action to recover for loss of services and the expense of medical attendance due to her injuries.
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Two actions of tort, the first by a girl six and one half years of age to recover for personal injuries caused by her being run into by a street car of the defendant as she was crossing Massachusetts Avenue in Arlington, and the second by the father of the plaintiff in the first action to recover for loss of services and the expense of medical attendance due to her injuries. Writs dated June 16, 1908. In the Superior Court the cases were tried -together before Lawton, J. The facts are stated in the opinion. At the close of the evidence the defendant asked for rulings that on all the evidence…
1Opinion of the CourtDeCourcy, J.
The sole question in these cases is, Was there evidence upon which the jury could find that Marguerite Purcell, hereinafter called the plaintiff, was in the exercise of due care? It is conceded that there was evidence of -the defendant’s negligence; and the case was submitted to the jury under instructions to which no exception was taken.
Upon the issue in question the evidence tends to show the following facts: At 4.45 p. M., on May 14, 1908, the plaintiff, who was nearly six and one half years of age, stood at the southwest corner of Massachusetts and Park Avenues in Arlington and looked…
2Cases cited7 opinions
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Kennedy v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Mullen v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wells v. McNuttTennessee Supreme Court · 1916
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Breen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Lucarelli v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Prendergast v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
7 more not listed; retrieve them via the Exa API.