Gerhart v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff being run into by an electric street car on Chicopee Street in Chicopee. Writ dated August 28, 1916. In the Superior Court the action was tried before Irwin, J. The material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $557; and the defendant alleged exceptions.
1Opinion of the CourtJenney, J.
The plaintiff seeks to recover compensation for damages sustained by him, about nine o’clock in the evening of July 31, 1915, when he was hit by the running board of an open electric car of the defendant on Chicopee Street in Chicopee. The double track of the defendant occupied a space fourteen feet seven inches in width in the centre of the roadway, which was about forty feet wide between the curbs. The distance between the easterly curb and the most easterly rail was twelve feet ten inches; and that between the most westerly rail and the westerly curb was twelve feet six inches. At or very…
2Cases cited7 opinions
- Mullen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Hunt v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Niles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Magner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Thompson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
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3Cited by3 opinions
- Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Newman v. HillMassachusetts Supreme Judicial Court · 1925
- Bean v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929