Adams v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of John A. Weiberg, for causing the death of the plaintiff’s intestate on October 5, 1906, by reason of the alleged gross negligence of the defendant’s agents or servants in running into him with an electric street car of the defendant when he was crossing Hanover Street in Boston in the exercise of due care.
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Tort, by the administratrix of the estate of John A. Weiberg, for causing the death of the plaintiff’s intestate on October 5, 1906, by reason of the alleged gross negligence of the defendant’s agents or servants in running into him with an electric street car of the defendant when he was crossing Hanover Street in Boston in the exercise of due care. Writ dated November 19, 1906. In the Superior Court the case was tried before Brown, J. At the close of the plaintiff’s evidence, which is described in the opinion, the judge ruled that the plaintiff had not shown that her intestate was in the…
1Opinion of the CourtRugg, C. J.
This is an action brought to recover damages for the instantaneous death of a pedestrian on Hanover Street, caused by collision with a car of the defendant on October 5, 1906. At that time St. 1906, c. 463, Part I, § 63, was in force. In order to recover the plaintiff must prove that her intestate was in the exercise of due care, and that his death was caused by the “gross negligence” of the defendant’s agents or servants. St. 1907, c. 392, which has stricken out the word “ gross ” was not then enacted. The evidence tended to show that at eleven o’clock, on a somewhat foggy night, the…
2Cases cited16 opinions
- Brennan v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1905
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Hartford v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
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3Cited by2 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Raymond v. StoneMassachusetts Supreme Judicial Court · 1923