Davis v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first action being for personal injuries received by reason of a street railway car of the defendant in the night-time running into the rear of an open Concord buggy in which the plaintiff in the first case was riding by invitation of the driver, one David H. Woodward, the intestate of the plaintiff in the second action; and the second action being under St. 1906, c. 463, Part I, § 63, for the death of Woodward caused by the collision.
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Two actions of tort, the first action being for personal injuries received by reason of a street railway car of the defendant in the night-time running into the rear of an open Concord buggy in which the plaintiff in the first case was riding by invitation of the driver, one David H. Woodward, the intestate of the plaintiff in the second action; and the second action being under St. 1906, c. 463, Part I, § 63, for the death of Woodward caused by the collision. Writs dated September 24, 1907. In the Superior Court the cases were tried together before Bell, J. It appeared that at the time of…
1Opinion of the CourtBraley, J.
The personal injuries suffered by the plaintiff in the first action, and the death of the plaintiff’s intestate, David H. Woodward, for which the second action is brought, are alleged to have been caused concurrently through the negligence of the defendant’s motorman. It being clear from the record, as conceded by the defendant, that if the plaintiff’s theory as to the manner in which the accident happened was adopted by the jury there was such evidence, the only question calling for discussion in the first case is whether the plaintiff used due care.
There is no occasion to recite at length…
2Cases cited14 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Nelson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- White v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1896
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3Cited by2 opinions
- Kane v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Richardson v. Haverhill & Amesbury Street Railway Co.Massachusetts Supreme Judicial Court · 1914