Ayers v. Ratshesky
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on November 12, 1909, from being struck by an automobile of the defendant on Cambria Street in Boston. Writ in the Municipal Court of the City of Boston dated December 2, 1909. On appeal to the Superior Court the case was tried before Fox, J. The material facts are stated in the opinion.
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Tort for personal injuries sustained by the plaintiff on November 12, 1909, from being struck by an automobile of the defendant on Cambria Street in Boston. Writ in the Municipal Court of the City of Boston dated December 2, 1909. On appeal to the Superior Court the case was tried before Fox, J. The material facts are stated in the opinion. At the close of the evidence the defendant asked the judge to make, among others, the following rulings: "1. On all the evidence the plaintiff cannot recover. “2. There was no evidence that the plaintiff was in the exercise of due care.” “6. If the…
1Opinion of the CourtB.ugg, C. J.
This is an action of tort to recover for personal injuries.
1. There was evidence tending to show that the plaintiff, who in November, 1909, was four years and ten months old, lived with his parents at 23 Cambria Street in Boston. He was a boy of average brightness and had attended kindergarten for several months. He had been out on the street most of the afternoon after .two o’clock, his mother having warned him to keep on the sidewalk. She went to the window several times to watch him. About five o’clock he came into the house, but went out again, playing with two other children, and in a…
2Cases cited27 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- State v. Le PitreWashington Supreme Court · 1909
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- State v. SmithSupreme Court of Iowa · 1906
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
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3Cited by75 opinions
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- People v. ReeseNew York Court of Appeals · 1932
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
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