Galligan v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort respectively by a husband and wife for injuries alleged to have been suffered by both through the negligence of the defendant, with a count in the husband’s declaration for the loss of the society of his wife. Writ dated February 27, 1901. The trial in the Superior Court before Hardy, J. took the course described in the opinion. The jury returned a verdict for the defendant in each case; and the plaintiffs alleged exceptions.
1Opinion of the CourtBarker, J.
The story of the accident which caused the injuries for which compensation is sought is- not now in dispute. The street railway on which the plaintiffs were passengers was located in March, 1898, and constructed and put in operation in the summer of that year. On December 23, 1900, in the evening after dark the car properly equipped and manned was running from Providence to Taunton, and it was conceded that the accident was not due to negligence of the persons by whom it was controlled. The tracks were within the bounds of a highway, not in that part used for common travel, but in a cut or…
2Cases cited4 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Buckland v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Winship v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by15 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Ogden v. AspinwallMassachusetts Supreme Judicial Court · 1915
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Osborne v. CharbneauWashington Supreme Court · 1928
- Stangy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
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