Banks v. Braman
Massachusetts Supreme Judicial Court
Tort, for injuries from being struck by an automobile driven by the defendant on Mount Auburn Street in Cambridge near its intersection with Belmont Street shortly after eight o’clock on the evening of May 17, 1903. Writ dated November 18, 1903. At the trial in the Superior Court before Aiken, C. J. the jury returned a verdict for the plaintiff in the sum of $3,750; and the defendant alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtKnowlton, C. J.
This is an action to recover for injuries received from being struck by an automobile alleged to have been negligently run at an excessive rate of speed, and negligently managed by the defendant. The case was submitted to the jury on two alleged grounds of liability: one, that the defendant, with gross negligence, wantonly and recklessly injured the plaintiff, and the other that the plaintiff was in the exercise of due care, and that the injury was due to the defendant’s negligence. On the first claim the judge instructed the jury as follows : “ Gross negligence is great negligence. To make…
2Cases cited4 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
- Commonwealth v. HartwellMassachusetts Supreme Judicial Court · 1880
3Cited by57 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Burns's CaseMassachusetts Supreme Judicial Court · 1914
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
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