Miller v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff because the horse, which was drawing a sleigh in which she was, ran away owing to the fact that the sleigh stuck in a switch when it was being driven between the tracks of the defendant on account of a condition of the roadway alleged to have been bad because of negligent acts of the defendant in shovelling snow from its tracks.
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Tort for personal injuries received by the plaintiff because the horse, which was drawing a sleigh in which she was, ran away owing to the fact that the sleigh stuck in a switch when it was being driven between the tracks of the defendant on account of a condition of the roadway alleged to have been bad because of negligent acts of the defendant in shovelling snow from its tracks. Writ in the Superior Court for the county of Middlesex dated March 14, 1905. Other actions were brought against the same defendant by Edwin C. Miller, who owned the horse and sleigh and was the plaintiff’s father,…
1Opinion of the Court
Knowlton, .0. J.
The first question in the case is whether there was evidence of negligence on the part of the defendant. There was much testimony that the road was in bad condition on each side of the defendant’s tracks, that the snow was deep and difficult to pass over, that in some places there were large lumps of frozen snow, and that in others there was a high bank, sloping steeply down at the side of the road. According to the weight of the testimony the difficulty of passing at the sides of the tracks was so great that nearly all teams drove along the tracks, leaving the snow on each…
2Cases cited3 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Bowes v. City of BostonMassachusetts Supreme Judicial Court · 1892
- Davis v. Inhabitants of LongmeadowMassachusetts Supreme Judicial Court · 1897
3Cited by15 opinions
- Lambert v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1922
- Bullard v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
- Oppenheim v. BarkinMassachusetts Supreme Judicial Court · 1928
- Mahoney v. PerreaultMassachusetts Supreme Judicial Court · 1931
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
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