Mercier v. Union Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the tadministratrix of the estate of Joseph Mercier under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, for causing the instant death of the plaintiff’s intestate at about a quarter past eleven o’clock on Saturday night May 20, 1916, at Howland’s Crossing in Westport when the intestate had alighted from an electric street railway car of the defendant on which he had been a passenger and was crossing the parallel track of the defendant, where he was…
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Tort by the tadministratrix of the estate of Joseph Mercier under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, for causing the instant death of the plaintiff’s intestate at about a quarter past eleven o’clock on Saturday night May 20, 1916, at Howland’s Crossing in Westport when the intestate had alighted from an electric street railway car of the defendant on which he had been a passenger and was crossing the parallel track of the defendant, where he was struck by another car of the defendant coming from the opposite direction. Writ dated June 14, 1916. In the Superior…
1Opinion of the CourtRugg, C. J.
The plaintiff’s intestate alighted from a car between eleven and twelve o’clock on a dark night in a sparsely settled neighborhood in the country where the double tracks of the defendant were upon the southerly side of the highway and more than seven feet from its wrought part. He had come as a passenger from Fall River, and the car upon which he had travelled was on its way to New Bedford. The place of the accident was at a crossing leading from the highway to a lane where were some camps. The crossing consisted of planks against the rails. For a mile both to the east and to the west were no…
2Cases cited20 opinions
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Commonwealth v. RetkovitzMassachusetts Supreme Judicial Court · 1915
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
15 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- O'Connor v. HickeyMassachusetts Supreme Judicial Court · 1929
- Rizzittelli v. VestineMassachusetts Supreme Judicial Court · 1923
- Duff v. WebsterMassachusetts Supreme Judicial Court · 1943
- Kirby v. KeatingMassachusetts Supreme Judicial Court · 1930
52 more not listed; retrieve them via the Exa API.