Legal Opinion

Coolidge v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided May 23, 1913PublishedCited by 11 opinions

Tort for personal injuries from being struck by a street railway car of the defendant while the plaintiff was attempting to cross Centre Street at the corner of Pond Street in that part of Boston called Jamaica Plain at 5.30 o’clock on the morning of March 1, 1910. Writ dated May 14, 1910. In the Superior Court the case was tried before Wait, J. It appeared that the plaintiff, a woman sixty-two years old, was employed as cook in a down town restaurant in Boston and was in…

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Tort for personal injuries from being struck by a street railway car of the defendant while the plaintiff was attempting to cross Centre Street at the corner of Pond Street in that part of Boston called Jamaica Plain at 5.30 o’clock on the morning of March 1, 1910. Writ dated May 14, 1910. In the Superior Court the case was tried before Wait, J. It appeared that the plaintiff, a woman sixty-two years old, was employed as cook in a down town restaurant in Boston and was in the habit of taking the car which passed the corner of Pond Street at about 5.30 o’clock in the morning, the same car by…

1Opinion of the CourtHammond, J.

There was a collision on a crossing of two public ways between the plaintiff and a car operated by the defendant, and the plaintiff was hurt.

The evidence as to the exact manner in which the accident happened was somewhat conflicting. The plaintiff testified in substance that she was in the daily habit of taking the car at the stopping place near which the accident happened that, seeing the car approaching from a distance and believing that she had time to cross the street if the motorman slowed up or reduced the speed of the car as she expected he would and as it was his duty to do, she made…

2Cases cited2 opinions

  1. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
  2. Robinson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905

3Cited by11 opinions

  1. Moran v. LevinMassachusetts Supreme Judicial Court · 1945
  2. Faircloth v. Framingham Waste Material Co.Massachusetts Supreme Judicial Court · 1934
  3. Harris v. GraysonSupreme Court of Oklahoma · 1930
  4. Guiney v. Union Ice Co.Massachusetts Supreme Judicial Court · 1916
  5. Commonwealth v. GrossmanMassachusetts Supreme Judicial Court · 1927

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