Hayes v. Norcross
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being run over by the defendants’ team. At the trial in the Superior Court, before Maynard, J., the defendants, at the close of the evidence, requested the judge to direct a verdict in their favor. The judge so directed a verdict; and the plaintiff alleged exeeptians.
1Opinion of the CourtKnowlton, J.
There was no evidence that the driver drove over the plaintiff wantonly, and the- evidence of negligence on his part was slight, and was contradicted, but we may assume that on this part of the case the plaintiff was entitled to go to the jury. The most important and difficult question in the case is whether there was any evidence that the plaintiff was in the exercise of due care. The circumstances attending the accident, so far as they are material to this question-, are clearly shown and undisputed. The accident happened on Hudson Street in Boston on the 14th of October, at about five…
2Cases cited4 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1886
- Casey v. SmithMassachusetts Supreme Judicial Court · 1890
3Cited by33 opinions
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Eckhardt v. HansonSupreme Court of Minnesota · 1936
- Cleveland, Etc., Railway Co. v. MoneyhunIndiana Supreme Court · 1896
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- Mollica v. Michigan Central RailroadMichigan Supreme Court · 1912
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