Dimauro v. Linwood Street Railway Co.
Massachusetts Supreme Judicial Court
Tort to recover for the death of the plaintiff’s intestate who, it was alleged, while he was working as a laborer in a street on June 22,1906, was run over and killed by a car of the defendant because of gross negligence on the part of the motorman.
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Tort to recover for the death of the plaintiff’s intestate who, it was alleged, while he was working as a laborer in a street on June 22,1906, was run over and killed by a car of the defendant because of gross negligence on the part of the motorman. Writ in the Superior Court for the county of Worcester dated October 18,1906. There was a trial before Dana, J. At the close of the evidence introduced on behalf of the plaintiff, the presiding judge directed a verdict for the defendant, and the plaintiff excepted. The facts are stated in the opinion.
1Opinion of the CourtLoring, J.
We are of opinion that the evidence did not warrant a finding of gross negligence on the part of the defendant’s servants.
In view of the argument made in the case at bar we repeat what has been decided: First. It was decided in Banks v. Braman, 188 Mass. 367, that gross negligence under R. L. c. 111, § 267, is not the same thing as a wanton act which dispenses with proof by a plaintiff of the fact that his negligence was not a contributory cause of the accident. See in this connection Lanci v. Boston Elevated Railway, 197 Mass. 32, 35, and a note to Dolphin v. Worcester Consolidated Street…
2Cases cited14 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- Brennan v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1905
- Fitzmaurice v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Walsh v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1898
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3Cited by3 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Ingraham v. Boston & Norther Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913