Hurley v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries caused by the alleged negligence of the defendant in running one of its cars into a delivery wagon in which the plaintiff was driving across the tracks of the defendant on Fourth Street in that part of Boston called South Boston: Writ dated September 29, 1897. In the Superior Court Lilley, J. directed a verdict for the defendant ; and the plaintiff alleged exceptions, which, after the resignation of Lilley, J., were allowed by Bell, J.
1Opinion of the CourtLathrop, J.
On August 17,1897, at ten o’clock in the forenoon, the plaintiff, a man thirty-six years of age, was driving at a dog trot, in a light grocery delivery wagon, on A Street towards Fourth Street in South Boston. At the intersection of these streets one of the hind wheels of his wagon was struck by an electric street car, and the plaintiff was thrown on to the shafts, and was injured.
The only question before us is whether the judge who tried the case was right in ruling that the plaintiff was not in the exercise of due care, and in taking the case from the jury. We are of opinion that the judge…
2Cases cited1 opinion
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1900
3Cited by16 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
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- Halloran v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Fitzpatrick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Saltman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
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