Cain v. Hugh Nawn Contracting Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while he was driving a hansom cab on Falmouth Street in Boston, and due to the cab’s tipping over because it ran upon a pile of dirt alleged to have been left there negligently by an employee of the defendant.
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Tort for personal injuries received by the plaintiff while he was driving a hansom cab on Falmouth Street in Boston, and due to the cab’s tipping over because it ran upon a pile of dirt alleged to have been left there negligently by an employee of the defendant. Writ in the Superior Court for the county of Suffolk dated November 1, 1905. The case was tried before Stevens, J. There was evidence tending to show that Beckwith, mentioned in the opinion, was hauling dirt, which the defendant took from an excavation it was making at the corner of Washington Street and Avon Street in Boston, from…
1Opinion of the CourtBraley, J.
While not expressly conceded, the plaintiff’s due care was not controverted at the argument, and the question for decision is, whether there was any evidence for the jury of the defendant’s negligence.
The accident occurred about midnight, by the plaintiff’s carriage coming into collision with a pile of loose earth left unguarded in a public way by one Beckwith, while employed as a driver of a tip cart in hauling earth excavated by the defendant to a dump, where it was to be unloaded. It appeared from the evidence introduced by the plaintiff that the team was owned by one Woodbury, by whom…
2Cases cited11 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Cowan v. EASTERN RACING ASSOCIATION, INC.Massachusetts Supreme Judicial Court · 1953
- McKeever v. RatcliffeMassachusetts Supreme Judicial Court · 1914
- Centrello's CaseMassachusetts Supreme Judicial Court · 1919
11 more not listed; retrieve them via the Exa API.