Eshenwald v. Suffolk Brewing Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by a boy four years and eleven months old when a wagon, alleged to have been owned by the defendant and negligently driven and managed by its servants or agents, was backed upon him. Writ dated December 19,1918. In the Superior Court, the action was tried before Sanderson, J. Material evidence is described in the opinion.
Read the full summary
Tort for personal injuries received by a boy four years and eleven months old when a wagon, alleged to have been owned by the defendant and negligently driven and managed by its servants or agents, was backed upon him. Writ dated December 19,1918. In the Superior Court, the action was tried before Sanderson, J. Material evidence is described in the opinion. A motion by the defendant that a verdict be ordered in its favor was denied, the jury found for the plaintiff in the sum of $891; and the defendant alleged exceptions.
1Opinion of the Court
By the Court.
There was evidence to support a finding that the plaintiff, a boy four years and eleven months old, on November 7, 1918, while returning alone to his home from a playground where he had been taken by his mother, was walking on the sidewalk on Columbia Road in Boston and was injured by a wagon backing up to the brewery of the defendant, the curbing of the sidewalk being of such conformation that wagons could be backed up to the doors of the brewery.
The child was where he had a right to be and apparently in a place of safety on the sidewalk. It might have been found that he did…
2Cases cited7 opinions
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- D'Addio v. Hinckley Rendering Co.Massachusetts Supreme Judicial Court · 1913
- Robinson v. DoeMassachusetts Supreme Judicial Court · 1916
- McNeil v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1899
- Murphy v. Fred T. Ley & Co.Massachusetts Supreme Judicial Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lonergan v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1924
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Hirrel v. LaceyMassachusetts Supreme Judicial Court · 1931