Casey v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff through being negligently run into by an electric street car of the defendant.
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Tort for personal injuries alleged to have been received by the plaintiff through being negligently run into by an electric street car of the defendant. Writ in the Superior Court for the county of Suffolk dated January 15, 1904. At the trial, which was before Stevens, J., besides the facts which are stated in the opinion, it appeared that at the time of the accident the plaintiff was nine years of age, and that the accident happened on Washington Street, in that part of Boston which formerly was Brighton, nearly in front of the municipal court house. The plaintiff was attempting to cross the…
1Opinion of the CourtSheldon, J.
There was evidence tending to show that the defendant’s servants were guilty of negligence in the running of the car that struck the plaintiff, and the only question which need be considered is whether the plaintiff could have been found to be in the exercise of that degree of care which is properly to be expected from a child of her years. In this respect the case resembles Stackpole v. Boston Elevated Railway, 193 Mass. 562. The plaintiff knew that the car was approaching her; she thought that she had time enough to cross in front of it if she hurried, and made up her mind to do so. So she…
2Cases cited3 opinions
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Madden v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
3Cited by16 opinions
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
- Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Fitzpatrick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
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