Stynes v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received from a collision between an electric car of the defendant and a horse and wagon which the plaintiff was driving. Writ dated April 17, 1906. The case was tried before Hitchcock, J. There was evidence upon which the jury were warranted in finding that the plaintiff was in the exercise of due care, that the defendant was negligent and that the plaintiff was injured.
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Tort for personal injuries alleged to have been received from a collision between an electric car of the defendant and a horse and wagon which the plaintiff was driving. Writ dated April 17, 1906. The case was tried before Hitchcock, J. There was evidence upon which the jury were warranted in finding that the plaintiff was in the exercise of due care, that the defendant was negligent and that the plaintiff was injured. The jury found for the plaintiff; and the defendant alleged exceptions to the admission of evidence on the question of damages. The facts are stated in the opinion.
1Opinion of the CourtBraley, J.
The plaintiff when injured was engaged in buying second hand barrels, which, after they had been cleaned and repaired, he put upon the market and sold. By his personal efforts a profitable business had been established, which was seriously interrupted by his being wholly unable to carry it on for some time after the injury; and it was not until a somewhat long period of partial incapacity had elapsed that he could resume full control. The defendant, while conceding that the plaintiff was entitled to damages for physical and mental pain *76and suffering, with the expenses incurred for medical…
2Cases cited18 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Antokol v. BarberMassachusetts Supreme Judicial Court · 1924
- Cross v. SharaffaMassachusetts Supreme Judicial Court · 1933
15 more not listed; retrieve them via the Exa API.