McCooe v. Dighton, Somerset, & Swansea Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court on a count in the declaration at common law, before Sheldon, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries caused by a collision between two electric cars upon one of which the plaintiff was a motorman. The defence was that the plaintiff and the conductor of his car were acting against orders in not having waited for the other car at a turn-out, where they should have met it at seven o’clock. Evidence was offered that the plaintiff’s car left this turn-out before seven. On the other side, the conductor of the plaintiff’s car testified that he started nine or ten minutes late, and did not leave the turn-out until five minutes after seven. The running time…
2Cases cited6 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Montgomery v. PickeringMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
- Andrews v. FryeMassachusetts Supreme Judicial Court · 1870
- Peabody v. KnappMassachusetts Supreme Judicial Court · 1891
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3Cited by26 opinions
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. GoldmanMassachusetts Supreme Judicial Court · 1985
- Labor Relations Commission v. Fall River Educators Ass'nMassachusetts Supreme Judicial Court · 1981
- Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1942
- Ikeda v. CurtisWashington Supreme Court · 1953
21 more not listed; retrieve them via the Exa API.