Howland v. Union Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE tort. The first case was brought by the plaintiff, a minor, for personal injuries, and the second was brought by his father, for the loss of his services, and for the expense of caring for him while he was suffering therefrom.
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Two ACTIONS OE tort. The first case was brought by the plaintiff, a minor, for personal injuries, and the second was brought by his father, for the loss of his services, and for the expense of caring for him while he was suffering therefrom. At the trial of both cases together in the Superior Court, before Dunbar, J., on the question whether the boy was in the exercise of due care at the time he was injured, there was evidence tending to show that he was about twelve and a half years old, bright and large for his age and entirely healthy, with good eyesight and hearing; that he was used to…
1Opinion of the CourtC. Allen, J.
We think the plaintiffs were entitled to have their cases submitted to the jury. The boy was in the street for a legitimate and proper purpose. The evidence would have warranted the jury in finding that he had walked upon the street railway track for not more than eighty or ninety feet, by the side of a noisy ice-cart, which might prevent him from hearing a street car approaching from behind; that if at the time of being run over he was standing still, as he himself testified, this had been but for a moment, while, if the driver of the ice-cart was correct, the boy was yet walking along; that…
2Cited by11 opinions
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Lorenz v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Burns v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Creed v. KendallMassachusetts Supreme Judicial Court · 1892
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