Breen v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort under St. 1906, 6. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1, by the administrator of the estate of Helen Josephine Breen to recover for her death alleged to have been caused by gross negligence of the motorman of a street car of the defendant, as a result of which the car ran into the plaintiff’s intestate, then seven years of age, as she was crossing Sumner Street in East Boston.
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Tort under St. 1906, 6. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1, by the administrator of the estate of Helen Josephine Breen to recover for her death alleged to have been caused by gross negligence of the motorman of a street car of the defendant, as a result of which the car ran into the plaintiff’s intestate, then seven years of age, as she was crossing Sumner Street in East Boston. Writ dated August 7, 1908. In the Superior Court at the close of the evidence the presiding judge ordered a verdict for the defendant and by agreement of counsel the case was reported for…
1Opinion of the CourtMorton, J.
By its argument the defendant in effect concedes, and rightly we think, that in view of the age, intelligence and experience of the child, she could properly be sent unattended on *520errands that would take her into and across the street. But it contends that, on the evidence, she was not, as matter of law, in the exercise of the care required of a child of her age and experience. We think that that was a question for the jury.
The accident happened at about 5.30 p. M., on April 25, 1908. The afternoon was bright and clear. There was evidence tending to show that the child stood on the curbstone…
2Cases cited3 opinions
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Murphy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Purcell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by8 opinions
- Kyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- DeAngelis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Prendergast v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
- DeLodge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1938
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