O'Toole v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being run into by an electric street car of the defendant at about six o’clock p. M. on January 2, 1907, while the plaintiff was crossing Broadway, in that part of Boston called South Boston, by a cross walk at the corner of F Street.
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Tort for personal injuries from being run into by an electric street car of the defendant at about six o’clock p. M. on January 2, 1907, while the plaintiff was crossing Broadway, in that part of Boston called South Boston, by a cross walk at the corner of F Street. Writ dated March 2, 1907. In the Superior Court the case was tried before Dana, J., who at the close of the plaintiff’s evidence ordered a verdict for the defendant and reported the case for determination by this court. If the ordering of the verdict was right, judgment was to be entered for the defendant; if wrong, there was to…
1Opinion of the CourtSheldon, J.
Taking as we must that view of the evidence which is most favorable to the plaintiff, it could be found that before starting to cross the street he looked in each direction and saw the car that afterwards struck him coming toward him upon the farther track. The car was then about three hundred feet distant from the cross walk by which he undertook to cross the street. He formed the opinion that he had sufficient time to pass, and attempted to do so, walking not very rapidly, at less than three miles an hour, without paying further attention to the car. The street was unobstructed. He was…
2Cases cited6 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hall v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Albee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Mullen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Scherer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- McBride v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1931
9 more not listed; retrieve them via the Exa API.