Chisholm v. Newton Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort by the administrator of the estate of James Chisholm, the first action under R. L. c. Ill, § 267, for causing the death of the plaintiff’s intestate, when he was walking across one of the defendant’s tracks on Washington Street in that part of Newton called West Newton near the corner of Chestnut Street, by reason of the alleged gross negligence of the servants of the defendant in operating a street railway car, and the second action at common law for…
Read the full summary
Two actions of tort by the administrator of the estate of James Chisholm, the first action under R. L. c. Ill, § 267, for causing the death of the plaintiff’s intestate, when he was walking across one of the defendant’s tracks on Washington Street in that part of Newton called West Newton near the corner of Chestnut Street, by reason of the alleged gross negligence of the servants of the defendant in operating a street railway car, and the second action at common law for personal injuries of' the plaintiff’s intestate resulting in conscious suffering before his death and consequent expense…
1Opinion of the CourtHammond, J.
The collision between the car and the deceased took place in the daylight at or near one of the usual stopping places of the cars. The deceased saw the car and attempted to cross the street in front of it. He and the car were travellers on the public way, with the reciprocal rights and duties of such travellers. Each was bound to use due care to prevent a collision.
The case is close. It is unnecessary to state the evidence in detail. It is conflicting, but upon a careful reading of it we are of opinion that the questions whether, in deciding to cross in front of the car, or in the manner of…
2Cases cited2 opinions
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
3Cited by4 opinions
- McGrath v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1926
- DeLodge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1938
- Reardon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- Kane v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914