Sellon v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained in falling from a wagon in which the plaintiff was driving, when one of its hind wheels was struck by a car of the defendant on Blue Hill Avenue in Boston on December 18, 1906, at about twenty minutes after ' four o’clock in the afternoon. Writ dated August 21, 1907. In the Superior Court the case was tried before Dana, J. The facts which could have been found on the conflicting evidence are stated in the opinion.
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Tort for personal injuries sustained in falling from a wagon in which the plaintiff was driving, when one of its hind wheels was struck by a car of the defendant on Blue Hill Avenue in Boston on December 18, 1906, at about twenty minutes after ' four o’clock in the afternoon. Writ dated August 21, 1907. In the Superior Court the case was tried before Dana, J. The facts which could have been found on the conflicting evidence are stated in the opinion. At the close of the evidence, the defendant asked the judge to rule as follows: 1. Upon all the evidence, your verdict must be for the…
1Opinion of the CourtRugg, J.
This is an action of tort brought by a traveller upon a public way to recover compensation for personal injuries received by reason of a collision with a car of the defendant.
There was evidence to the effect that there were double tracks of the defendant in the middle of Blue Hill Avenue, in a reserved space covered with grass and for the most part separated from the wagon way on each side by curbing, except that there was a paved space across the tracks opposite Norfolk Street, a street diverging toward the east. The plaintiff drove in a light express wagon with one horse into the avenue…
2Cases cited7 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hatch v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Willis v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Fallon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Samii v. Baystate Medical Center, Inc.Massachusetts Appeals Court · 1979
- Farris v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Morrissey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Marturano v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1940
1 more not listed; retrieve them via the Exa API.