Fitzgerald v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Three actions of tort, the first two for personal injuries suffered in a collision between an automobile of the city of Haverhill and a street car of the defendant, and the third for damage to the automobile; Writs dated July 9, 1910. In the Superior Court the cases were tried together before Keating, J. There was evidence which warranted the jury in finding that the defendant was negligent, that the plaintiff Regan was in the exercise of due care, that the plaintiff…
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Three actions of tort, the first two for personal injuries suffered in a collision between an automobile of the city of Haverhill and a street car of the defendant, and the third for damage to the automobile; Writs dated July 9, 1910. In the Superior Court the cases were tried together before Keating, J. There was evidence which warranted the jury in finding that the defendant was negligent, that the plaintiff Regan was in the exercise of due care, that the plaintiff Fitzgerald exercised no control over Regan, and that she exercised all the care that she was bound to exercise as a passenger…
1Opinion of the CourtHammond, J.
These three cases, brought to recover damages caused by one and the same collision between an automobile owned by the city of Haverhill and a street car owned by the defendant, were tried together.
The machine had been purchased by the city for use in its street department under the direction and control of the superintendent of streets. One of the grounds set up in defense was that at the time of the accident the machine was not being used for the purpose for which it was bought, but in violation of St. 1909, c. 534, § 22, forbidding the use of an automobile without authority.
There was…
2Cited by7 opinions
- Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
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- Donahue v. VorenbergMassachusetts Supreme Judicial Court · 1917
- Cummings v. Republic Truck Co.Massachusetts Supreme Judicial Court · 1922
- Fidelity & Casualty Co. v. Kansas City Railways Co.Missouri Court of Appeals · 1921
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