Harrington v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, by a boy nine years of age when injured, for personal injuries sustained by him on June 27, 1909, when he was crossing Eighth Street, in that part of Boston called South Boston, on a cross walk near Mercer Street, from being struck and run over by a street railway car of the defendant. The declaration contained two counts, the first alleging negligence in the operation of the car and the second alleging a defect in the brakes or other machinery of the car.
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Tort, by a boy nine years of age when injured, for personal injuries sustained by him on June 27, 1909, when he was crossing Eighth Street, in that part of Boston called South Boston, on a cross walk near Mercer Street, from being struck and run over by a street railway car of the defendant. The declaration contained two counts, the first alleging negligence in the operation of the car and the second alleging a defect in the brakes or other machinery of the car. Writ.dated July 10, 1909. In the Superior Court the case was tried before Raymond, J. The facts which could have been found in favor…
1Opinion of the CourtHammond, J.
The plaintiff was nine years old and of the usual intelligence and capacity of a boy of that age. He had lived near the place of the accident for four years and was familiar with the locality. He knew that electric cars ran both ways and frequently. The accident occurred on a pleasant afternoon in June, and but few persons and only the two cars hereinafter named were in the immediate vicinity.
The evidence was conflicting, but it would have warranted findings that the plaintiff, intending to cross Eighth Street at *566its intersection with Mercer Street, walked from some doorsteps upon or near…
2Cases cited4 opinions
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Minihan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Purcell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by10 opinions
- Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 1967
- Levins v. TheopoldMassachusetts Supreme Judicial Court · 1950
- McBride v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1931
- Clark v. BlairMassachusetts Supreme Judicial Court · 1914
- McGrath v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1926
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