Aiken v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by an infant by his father and next friend to recover for personal injuries caused by the plaintiff being run into by or thrown from an electric car of the defendant through the alleged negligence of the defendant and its servants.
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Tort by an infant by his father and next friend to recover for personal injuries caused by the plaintiff being run into by or thrown from an electric car of the defendant through the alleged negligence of the defendant and its servants. Writ dated July 6, 1898. The declaration contained three counts which, omitting certain introductory allegations, were as follows: The first count alleged, that the plaintiff was a child of the age of six years, and was lawfully on a public street in the city of Holyoke, in the exercise of due care and that the defendant negligently and carelessly ran into the…
1Opinion of the CourtBarker, J.
The accident occurred on April 20, 1898, and the suit was brought on July 6, 1898. The trial, a report of which is before us, seems to have been a second trial of the case, and it took place in January of the present year. The declaration is in three counts. At the close of the plaintiff’s evidence the judge at the request of the defendant and without requiring the defendant to rest ruled that the plaintiff could not recover on the first two counts of the declaration. At the close of all the evidence the judge ruled that there was no evidence to be submitted to the jury and directed a verdict…
2Cited by19 opinions
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Scannell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Dixon v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
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