Mathes v. Lowell, Lawrence & Haverhill Street Railway
Massachusetts Supreme Judicial Court
Tort, brought by the administrator of Lizzie A. Mathes to recover damages for the death of and for personal injuries suffered by his intestate, from being struck by an electric car owned and operated by the defendant.
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Tort, brought by the administrator of Lizzie A. Mathes to recover damages for the death of and for personal injuries suffered by his intestate, from being struck by an electric car owned and operated by the defendant. Writ dated May 26, 1899. At the trial in the Superior Court, before Bishop, J., it appeared that the accident happened upon Washington Street, in Haverhill, from the plaintiff’s intestate being struck by one of the defendant’s electric cars while she was crossing Washington Street, on a crossing from the northwesterly corner of Freeman Street and Washington Street, to the…
1Opinion of the CourtBarker, J.
The verdict for the defendant was ordered rightly, because there was no evidence from which it could be found that the plaintiff’s intestate was in the exercise of ordinary care.
A foot traveller whose course is across the tracks of a street railway must exercise care to avoid being hurt by the cars and if he is struck by a car and injured or killed there can be no recovery in a suit against the railway company for damages unless the plaintiff shows by affirmative evidence that the traveller was in the exercise of due diligence to avoid injury. And, further, when the whole evidence has no…
2Cases cited4 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1900
3Cited by19 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Willis v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
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