French v. Mooar
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on June 7, 1915, by being run into by a motor car owned and driven by the defendant on Prospect Street in Cambridge not far from its intersection with Gardner Street, when the plaintiff was crossing Prospect Street on foot.
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Tort for personal injuries sustained on June 7, 1915, by being run into by a motor car owned and driven by the defendant on Prospect Street in Cambridge not far from its intersection with Gardner Street, when the plaintiff was crossing Prospect Street on foot. Writ dated August 14, 1915. In the Superior Court the case was tried before Keating, J. The plaintiff testified that, before starting to cross Prospect Street to go to Summer Street, he stopped a few minutes on the comer of Gardner and Prospect streets; that “ the automobiles were going quite fast there, lots of them going there that…
1Opinion of the CourtBraley, J.
The question of the plaintiff’s due care was submitted to the jury rightly. St. 1914, c. 553. Nye v. Louis K. Liggett Co. 224 Mass. 401.
It appeared from the defendant’s own testimony that he saw the plaintiff step off the sidewalk to cross over the street “ten or twelve feet ahead of the automobile,” while another witness for the defendant placed the distance as “about twenty-five to thirty feet.” The jury on all the evidence could find that notwithstanding this knowledge of the situation, and with the plaintiff in plain sight the defendant neither gave any warning of the car’s approach nor…
2Cases cited2 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Nye v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1916
3Cited by10 opinions
- Barrett v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1928
- Campbell v. CairnsMassachusetts Supreme Judicial Court · 1939
- Nicholson v. BabbMassachusetts Supreme Judicial Court · 1939
- Doherty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
- White v. KaneWisconsin Supreme Court · 1923
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