Jaehnig v. J. G. & B. S. Ferguson Co.
Massachusetts Supreme Judicial Court
Tort, by a boy about ten years of age when injured, for personal injuries incurred in the afternoon of July 31, 1906, on Ashley Street in Boston, under the circumstances described in' the opinion, through the alleged negligence of a servant of the defendant.
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Tort, by a boy about ten years of age when injured, for personal injuries incurred in the afternoon of July 31, 1906, on Ashley Street in Boston, under the circumstances described in' the opinion, through the alleged negligence of a servant of the defendant. Writ in the Municipal Court of the City of Boston dated August 18, 1906. On appeal to the Superior Court the case was tried before White, J., who instructed the jury that upon all the evidence the plaintiff was not entitled to recover, and ordered a verdict for the defendant. The plaintiff alleged exceptions, it being agreed that, if the…
1Opinion of the CourtKncwlton, C. J.
The plaintiff, a boy about ten years of age, was run over and injured on one of the public streets of Boston, by a delivery wagon in charge of one of the defendant’s servants.
There was evidence on which the jury might have found that the defendant’s servant was driving rapidly and negligently, and that this negligence .caused the accident.
*366The plaintiff had been playing ball on the street, in violation of an ordinance of the city of Boston, and there was evidence tending to show that one of his movements in the game brought him in collision with the team, and was a contributing cause of the…
2Cases cited1 opinion
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
3Cited by8 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- St. Louis, B. & M. Ry. Co. v. PriceTexas Commission of Appeals · 1925
- Cobb v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1918
- Barry v. StevensMassachusetts Supreme Judicial Court · 1910
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