Legal Opinion

Widmer v. West End Street Railway Co.

Massachusetts Supreme Judicial Court

Decided January 5, 1893PublishedCited by 19 opinions

Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The injuries complained of were received by the plaintiff, on June 5, 1891, on Washington Street, at the corner of Summer Street, in Boston. Winter Street is opposite Summer Street and west of Washington Street.

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Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. The injuries complained of were received by the plaintiff, on June 5, 1891, on Washington Street, at the corner of Summer Street, in Boston. Winter Street is opposite Summer Street and west of Washington Street. It was admitted that Washington Street was an accepted street of the city of Boston on June 5, 1891, and that the horse car hereinafter mentioned was at that time operated by the…

1Opinion of the CourtKnowlton, J.

At the trial of this case there was no evidence of negligence on the part of the defendant. It was an undisputed fact that the plaintiff was standing near the side of the track, waiting for the car to go by, and she testified that she saw it before it reached her ¿ that she was looking north at some teams, while the car was coming from the south; that she saw the front end of the car go by her, and thought she was far enough from it to be safe, and that she was struck on the right temple by the handle on the rear dasher of the car as it went round the corner. There was no pretence that there…

2Cited by19 opinions

  1. Mangan v. Des Moines City Railway Co.Supreme Court of Iowa · 1925
  2. Brightman v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1913
  3. Matulewicz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Wood v. Los Angeles Railway CorporationCalifornia Supreme Court · 1916
  5. Eckhart v. Marion, Bluffton & Eastern Traction Co.Indiana Court of Appeals · 1915

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