Scanlon v. Berkshire Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first action by the administrator of the estate of John Scanlon for causing the death of the plaintiff’s intestate by a collision of a street railway car, operated by servants of the defendant, with a cart in which the plaintiff’s intestate was driving a pair of horses from West Housatonic Street in Pittsfield into South Street in that city on December 11, 1911; and the second action by the owner of the horses and cart for injury to his property by…
Read the full summary
Two actions of tort, the first action by the administrator of the estate of John Scanlon for causing the death of the plaintiff’s intestate by a collision of a street railway car, operated by servants of the defendant, with a cart in which the plaintiff’s intestate was driving a pair of horses from West Housatonic Street in Pittsfield into South Street in that city on December 11, 1911; and the second action by the owner of the horses and cart for injury to his property by the same collision. Writs dated January 18 and February 17, 1912. In the Superior Court the cases were tried together…
1Opinion of the CourtBraley, J.
The exceptions to the admission of evidence having been waived, the defendant’s sole contention is, that there was *556no proof of the decedent’s due care. It appears that after the accident he never recovered consciousness, and his conduct must be determined from the recollection of eyewitnesses and the attendant circumstances. If the facts which the testimony would warrant the jury in finding are equally consistent with an inference of his due care, or of his negligence, nothing remains except mere conjecture, and the verdicts cannot be sustained. French v. Sabin, 202 Mass. 240. Taylor v.…
2Cases cited11 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Nelson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Prince v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1909
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dube v. Keogh Storage Co.Massachusetts Supreme Judicial Court · 1920
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Barry v. PanichMassachusetts Supreme Judicial Court · 1949
- Bombard v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1919
- DiTonne v. W. T. Grant Co.Massachusetts District Court, Appellate Division · 1938