Sullivan v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by a married woman for personal injuries sustained on the evening of April 17, 1905, when the plaintiff was a passenger on a car of the defendant, from the car leaving the track and coming in collision with a post upon the edge of a sidewalk of High Street in Dedham. Writ dated May 3, 1905. At the trial in the Superior Court before Crosby, J., the defendant admitted its liability, and the evidence related solely to the question of damages.
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Tort by a married woman for personal injuries sustained on the evening of April 17, 1905, when the plaintiff was a passenger on a car of the defendant, from the car leaving the track and coming in collision with a post upon the edge of a sidewalk of High Street in Dedham. Writ dated May 3, 1905. At the trial in the Superior Court before Crosby, J., the defendant admitted its liability, and the evidence related solely to the question of damages. The plaintiff’s attending physician testified that the physical examination on the day following the accident showed, so far as he could recall, but a…
1Opinion of the CourtRugg, J.
The connection between the tortious act of a person sought to be charged for the consequences of an injury, as the cause, and the injury sustained, as the effect, must be established by a fair preponderance of the evidence before a plaintiff can be permitted to recover. Such causal connection cannot be left to conjecture, surmise or speculation, but must rest upon a firm foundation of proof. Williams v. Citizens Electric Street Railway, 184 Mass. 437. McGarrahan v. New York, New Haven, & Hartford Railroad, 171 Mass. 211, 219. The evidence tending to connect the premature birth of the child,…
2Cases cited13 opinions
- McDermott v. SevereSupreme Court of the United States · 1906
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
- Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
- Bovee v. Town of DanvilleSupreme Court of Vermont · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Massachusetts Electric Co. v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1978
- Anderson v. W.R. Grace & Co.District Court, D. Massachusetts · 1986
- DeFilippo's CaseMassachusetts Supreme Judicial Court · 1933
- Rodgers v. BoyntonMassachusetts Supreme Judicial Court · 1943
- Laaperi v. Sears, Roebuck & Co.Court of Appeals for the First Circuit · 1986
41 more not listed; retrieve them via the Exa API.