Barry v. Bay State Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received on July 27, 1912, when a wagon which the plaintiff, an employee of the Walworth Manufacturing Company, was driving was run into by a street railway car operated by the defendant.
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Tort for personal injuries received on July 27, 1912, when a wagon which the plaintiff, an employee of the Walworth Manufacturing Company, was driving was run into by a street railway car operated by the defendant. Writ dated August 26, 1912. In the Superior Court the case was tried before Brown, J. The plaintiff introduced sufficient evidence to warrant a submission of the case to the jury on the questions whether the plaintiff was in the exercise of due care and whether the defendant’s servants were negligent. The defendant introduced in evidence an instrument dated August 12, 1912, and…
1Opinion of the CourtBraley, J.
The St. of 1911, c. 751, had been in force for nearly sixty days before the accident, and although the plaintiff testified that he never had heard of the enactment, he cannot successfully set up his ignorance in bar of the enforcement of its provisions. Mulvey v. Boston, 197 Mass. 178, 182, 184. See Story Eq. Jur. (13th ed.) § 111. It was undisputed that his employer was a subscriber and that no notice under Part I, § 5, of the employee’s intention to rely on his rights at common law had been given. The plaintiff’s personal injuries having arisen out of and been received in the course of his…
2Cases cited11 opinions
- Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Dallas Hotel Co. v. FoxCourt of Appeals of Texas · 1917
- E. S. Parks Shellac Co. v. JonesMassachusetts Supreme Judicial Court · 1928
- Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
- White v. George A. Fuller Co.Massachusetts Supreme Judicial Court · 1917
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