Legal Opinion

Boyd v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided May 19, 1916PublishedCited by 9 opinions

Tort for person^ injuries sustained on May 1, 1914, at the corner of Centre Street and Cedar Street in the part of Boston called Roxbury by reason of a collision between a semi-convertible street railway car of the defendant and an automobile driven by the plaintiff.

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Tort for person^ injuries sustained on May 1, 1914, at the corner of Centre Street and Cedar Street in the part of Boston called Roxbury by reason of a collision between a semi-convertible street railway car of the defendant and an automobile driven by the plaintiff. Writ dated May 9, 1914. In the Superior Court the case was tried before Raymond, J. There was evidence, for the plaintiff, that the plaintiff was driving westerly down Cedar Street toward Centre Street in a Ford five-seated automobile; that in front of him was a baker’s cart, which somewhat obstructed his way; that after the…

1Opinion of the CourtBraley, J.

It was discretionary with the presiding judge whether he should grant the plaintiff’s motion for a new trial on any of the grounds specified, and the exercise of his discretion would not be reviewable on exceptions. Welsh v. Milton Water Co. 200 Mass. 409, 411, and cases cited.

But, the plaintiff having seasonably requested the judge to rule that “ as a matter of law on all the evidence, the findings of the jury both that the plaintiff was in the exercise of due care and that the defendant was not negligent were unwarranted,” and that “ as a matter of law on all the evidence and upon the…

2Cases cited7 opinions

  1. Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
  2. Loveland v. RandMassachusetts Supreme Judicial Court · 1908
  3. Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
  4. Perkins v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1916
  5. Welsh v. Milton Water Co.Massachusetts Supreme Judicial Court · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Berggren v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1918
  2. Ryan v. HickeyMassachusetts Supreme Judicial Court · 1921
  3. Commonwealth v. McKnightMassachusetts Supreme Judicial Court · 1935
  4. Energy Electric Co. v. General Electric Co.Massachusetts Supreme Judicial Court · 1928
  5. Tower v. Humboldt Transit Co.California Supreme Court · 1917

4 more not listed; retrieve them via the Exa API.

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