Conroy v. Mather
Massachusetts Supreme Judicial Court
Two actions of tort for personal injuries sustained as the result of a collision between an automobile driven by one Hawthorne, in which the plaintiffs were travelling, and a street railway car operated by the defendant as receiver of the Dedham and Franklin Street Railway Company. Writs dated March 21, 1913. The cases were tried together before Keating, J. The material facts are stated in the opinion.
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Two actions of tort for personal injuries sustained as the result of a collision between an automobile driven by one Hawthorne, in which the plaintiffs were travelling, and a street railway car operated by the defendant as receiver of the Dedham and Franklin Street Railway Company. Writs dated March 21, 1913. The cases were tried together before Keating, J. The material facts are stated in the opinion. The jury found for the plaintiff in the first case in the sum of $1,000, and for the plaintiff in the second case in the sum of $500; and the defendant alleged exceptions.
1Opinion of the CourtSheldon, J.
The jury have found that each one of these plaintiffs was in the exercise of due care, but that Hawthorne, the driver of the automobile in which they were travelling, was not exercising such care. Without reciting the evidence, we are of opinion upon the whole case, except as to what is hereinafter stated, that *92the findings of the jury were warranted and that there was no material error in the instructions which were given to the jury, or in the refusal to give those which were asked for by the defendant. But there are two points which call for examination.
1. It is provided by St. 1909, c.…
2Cases cited30 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
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3Cited by49 opinions
- Theriault v. PierceMassachusetts Supreme Judicial Court · 1940
- Balian v. OgassinMassachusetts Supreme Judicial Court · 1931
- Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Fairbanks v. KempMassachusetts Supreme Judicial Court · 1917
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