Legal Opinion

Oates v. . Union Railroad Company

Supreme Court of Rhode Island

Decided March 28, 1906PublishedCited by 7 opinions

Trespass on the Case for negligence. Heard on exceptions of defendant after denial of motion for new trial by Superior Court, and exceptions sustained and new trial granted.

1Opinion of the CourtDouglas, C. J.

This action was brought by the adminis-tratrix of Patrick Oates, who was killed by the collision of the defendant's trolley car with a tipcart which he was driving upon a public highway, in the city of Providence, May 29,1902. It seeks to recover damages for his death, alleging that the collision was caused by the negligence of the defendant’s servants. The car struck the hub of one of the wheels of the cart as the latter had nearly crossed the car track. The shock threw the intestate from his seat on the cart to the ground. A wheel of the cart passed over his body, and his injuries resulted…

2Cases cited4 opinions

  1. Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
  2. Jetter v. New York & Harlem RailroadNew York Court of Appeals · 1865
  3. Kingsford v. HoodMassachusetts Supreme Judicial Court · 1870
  4. Kolze v. JonesAppellate Court of Illinois · 1896

3Cited by7 opinions

  1. Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
  2. Scritchfield v. KennedyCourt of Appeals for the Tenth Circuit · 1939
  3. Andrews v. Penna Charcoal Co.Supreme Court of Rhode Island · 1935
  4. Wallace v. United StatesDistrict Court, D. Rhode Island · 2004
  5. Fonceca v. VoyerSupreme Court of Rhode Island · 1937

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