Mullin v. Fallon
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained at about ten o’clock on the morning of August 23, 1914, a pleasant Sunday, from the plaintiff, a boy ten years of age, being run down by a motor car driven by the defendant when he was crossing Harvard Square at the junction of Harvard Street and Washington Street in Brookline.
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Tort for personal injuries sustained at about ten o’clock on the morning of August 23, 1914, a pleasant Sunday, from the plaintiff, a boy ten years of age, being run down by a motor car driven by the defendant when he was crossing Harvard Square at the junction of Harvard Street and Washington Street in Brookline. Writ dated November 18, 1914. The answer, besides a general denial, contained an allegation that the plaintiff at the time of his injury was not in the exercise of due care. St. 1914, c. 553, took effect on May 21, 1914. In the Superior Court the case was tried before Wait, J. There…
1Opinion of the CourtCarroll, J.
The plaintiff, a boy ten years of age, while crossing Harvard Square, Brookline, was struck and injured by a motor car *215driven by the defendant. The only question raised by the bill of exceptions is the due care of the plaintiff. The accident occurred August 23,1914. The jury found for the plaintiff.
The defendant’s contention was that, while he was proceeding outbound through Harvard Square and moving at about eight miles an hour, the plaintiff ran out from the sidewalk on the defendant’s right and crossed the square without looking; that after he had passed beyond and in front of the…
2Cases cited3 opinions
- Rasmussen v. WhippleMassachusetts Supreme Judicial Court · 1912
- Creedon v. GalvinMassachusetts Supreme Judicial Court · 1917
- Shipelis v. CodyMassachusetts Supreme Judicial Court · 1913
3Cited by1 opinion
- Buckley v. SuttonMassachusetts Supreme Judicial Court · 1919