Prendergast v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on October 6, 1914, when the plaintiff was six years and seven months of age and was crossing Blue Hill Avenue in Boston toward the intersection of Julian Street with that avenue, by reason of being struck and thrown to the ground and run over and his right leg cut off by a street railway car alleged to have been operated negligently by the defendant’s servants.
Read the full summary
Tort for personal injuries sustained on October 6, 1914, when the plaintiff was six years and seven months of age and was crossing Blue Hill Avenue in Boston toward the intersection of Julian Street with that avenue, by reason of being struck and thrown to the ground and run over and his right leg cut off by a street railway car alleged to have been operated negligently by the defendant’s servants. Writ dated June 5, 1916. In the Superior Court the case was tried before Hitchcock, J. At the close of the evidence, which is described in the opinion, the judge refused to order a verdict for the…
1Opinion of the CourtCarroll, J.
The plaintiff, a boy six years and seven months old, while crossing Blue Hill Avenue at Julian Street was struck by one of the defendant’s cars.
The plaintiff returned to his home from school in the afternoon and was sent by his mother to a store on the westerly side of Blue Hill Avenue, near the Julian Street cross walk. He was accompanied by his brother, three years of age, and a boy named Mc-Deavitt. As he left the store he noticed standing in front of him a box car headed toward Grove Hall; he attempted to cross the street behind this car, which started just as he reached the rail. He…
2Cases cited7 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Purcell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Breen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Davicki v. FlanaganMassachusetts Supreme Judicial Court · 1924
- Inangelo v. PettersonMassachusetts Supreme Judicial Court · 1920
- Bengle v. CooneyMassachusetts Supreme Judicial Court · 1922
- Huffam v. PaquinMassachusetts Supreme Judicial Court · 1927
- Lipski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924