Garabedian v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort under St. 1907, c. 392, by the administrator of the estate of Suren Garabedian of Worcester, for causing the death of the plaintiff’s intestate on November 18, 1912, when he was between three and four years of age by negligently running into him with a street railway car owned and operated by the defendant on Holden Street in Worcester.
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Tort under St. 1907, c. 392, by the administrator of the estate of Suren Garabedian of Worcester, for causing the death of the plaintiff’s intestate on November 18, 1912, when he was between three and four years of age by negligently running into him with a street railway car owned and operated by the defendant on Holden Street in Worcester. Writ dated July 22, 1914. In the Superior Court the case was tried before Dana, J., who at the close of the plaintiff’s evidence, which so far as is material is described in the opinion, ordered a verdict for the defendant; and the plaintiff alleged…
1Opinion of the Court
By the court.
The plaintiff’s intestate having been too young to take care of himself and the injury having been received before the passage of St. 1914, c. 553, the plaintiff can recover only by showing the due care of the custodian. Casey v. Smith, 152 Mass. 294.
The record is barren of anything to indicate such care. The evidence is that the custodian, a brother twelve years old, went upon the tracks of the defendant with the deceased, without *66looking, in front of an approaching car in plain sight only a short distance away. The case is governed by Mills v. Powers, 216 Mass. 36, Kyle v.…
2Cases cited10 opinions
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Casey v. SmithMassachusetts Supreme Judicial Court · 1890
- Murphy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Mills v. PowersMassachusetts Supreme Judicial Court · 1913
- Kyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Miller v. Flash Chemical Co.Massachusetts Supreme Judicial Court · 1918
- Marchant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Coldiron v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1925
4 more not listed; retrieve them via the Exa API.