Evensen v. Lexington & Boston Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Martin Evensen, under R. L. c. 111, § 267, for the use of herself as widow and of seven minor children, for causing the death of the plaintiff’s intestate through the alleged gross negligence of the defendant’s servants, in running down the intestate while he was being driven in a farm wagon by one Helchier, whose guest he was, down Academy Lane and across the tracks of the defendant on Sudbury Road in Concord.
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Tort by the administratrix of the estate of Martin Evensen, under R. L. c. 111, § 267, for the use of herself as widow and of seven minor children, for causing the death of the plaintiff’s intestate through the alleged gross negligence of the defendant’s servants, in running down the intestate while he was being driven in a farm wagon by one Helchier, whose guest he was, down Academy Lane and across the tracks of the defendant on Sudbury Road in Concord. Writ dated April 25, 1902. ' In the Superior Court Graskill, J., at the close of the plaintiff’s evidence, ruled, that the plaintiff had not…
1Opinion of the CourtHammond, J.
The team was owned and driven by Helchier, who was sitting upon the right hand side, while Evensen the plaintiff’s intestate was sitting on the left hand side. The evidence tended to show that the latter “ was not feeling well, ” and had the collar of his overcoat turned up, and that he had intrusted himself to the care of the driver. The question therefore upon this branch of the case is whether Helchier was in the exercise of due care. It would serve no useful purpose to recite the evidence in detail. If the plaintiff’s testimony is to be believed, Helchier, at several points on Academy…
2Cases cited1 opinion
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1901
3Cited by26 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
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