Legal Opinion

McCooe v. Dighton, Somerset, & Swansea Street Railway Co.

Massachusetts Supreme Judicial Court

Decided March 6, 1899PublishedCited by 26 opinions

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

  1. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
  2. Montgomery v. PickeringMassachusetts Supreme Judicial Court · 1874
  3. Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
  4. Andrews v. FryeMassachusetts Supreme Judicial Court · 1870
  5. Peabody v. KnappMassachusetts Supreme Judicial Court · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
  2. Commonwealth v. GoldmanMassachusetts Supreme Judicial Court · 1985
  3. Labor Relations Commission v. Fall River Educators Ass'nMassachusetts Supreme Judicial Court · 1981
  4. Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1942
  5. Ikeda v. CurtisWashington Supreme Court · 1953

21 more not listed; retrieve them via the Exa API.

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