McGourty v. DeMarco
Massachusetts Supreme Judicial Court
Two actions of tort for personal injuries alleged to have been received by the plaintiffs by being run into from behind, as they were alighting from a street car, by a team belonging to the defendant and driven by the defendant’s son.
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Two actions of tort for personal injuries alleged to have been received by the plaintiffs by being run into from behind, as they were alighting from a street car, by a team belonging to the defendant and driven by the defendant’s son. Writs in the Superior Court for the county of Worcester dated June 16, 1905. The cases were tried together before Wait, J. There was evidence tending to show that the car upon which the plaintiffs were passengers was an open car and was going in an easterly direction along Shrewsbury Street in Worcester to Seward Street, that, at some time before reaching Seward…
1Opinion of the CourtSheldon, J.
1. The judge rightly refused to order a verdict for the defendant. The jury were not bound to believe the testimony offered for the defendant that the car stopped suddenly with a jerk, although this was uncontradicted. Lindenbaum v. *60New York, New Haven, & Hartford Railroad, 197 Mass. 314, 323. They might have found that due care required the driver of the defendant’s team, when he noticed that the car was slackening its speed, to anticipate the possibility of its coming to a stop and of passengers alighting, and that he failed to exercise proper care in view of this possibility. And, although…
2Cases cited6 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Perlstein v. American Express Co.Massachusetts Supreme Judicial Court · 1901
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
- Bowser v. WellingtonMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Zimmermann v. MednikoffWisconsin Supreme Court · 1917
- Braun v. BellMassachusetts Supreme Judicial Court · 1924
- Finkelstein v. SneiersonMassachusetts Supreme Judicial Court · 1930
- McDonald v. BowditchMassachusetts Supreme Judicial Court · 1909
2 more not listed; retrieve them via the Exa API.