Lunderkin v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff from being struck by a street car of the defendant on June 11, 1908, when the plaintiff was walking across Huntington Avenue in Boston at its intersection with Buggies Street. Writ dated July 18, 1908. In the Superior Court the case was tried before DeCourcy, J. The facts which could have been found upon the evidence are stated in the opinion.
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Tort for personal injuries sustained by the plaintiff from being struck by a street car of the defendant on June 11, 1908, when the plaintiff was walking across Huntington Avenue in Boston at its intersection with Buggies Street. Writ dated July 18, 1908. In the Superior Court the case was tried before DeCourcy, J. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence, the judge ordered a verdict for the defendant, and reported the case for determination by this court. If the ruling of the judge was wrong, a new trial was to be…
1Opinion of the CourtRugg, C. J.
There was evidence tending to show that the plaintiff was walking across Huntington Avenue, where it is intersected by Buggies Street, when he was struck by a car of the defendant. He stood upon the sidewalk several minutes waiting for cars to pass. Double tracks of-the defendant were in a reservation in the middle of Huntington Avenue, on either side of which was a driveway. The distance from the curb of the sidewalk on which the plaintiff stood to the nearest rail of the defendant’s track was twenty-eight feet. The plaintiff was seventy-eight years old and was carrying with his arm around…
2Cases cited7 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Rundgren v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Madden v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Albee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Coleman v. Lowell, Lawrence & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Scherer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- McBride v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1931
- Callahan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1934
- Newman v. HillMassachusetts Supreme Judicial Court · 1925
4 more not listed; retrieve them via the Exa API.