McDonald v. Bowditch
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Patrick J. McDonald, for personal injuries to the plaintiff’s intestate from his being run into by a horse driven in a farm wagon by a servant of the defendant on August 12, 1905, at about noon on Call Street near Everett Street in that part of Boston called Jamaica Plain. Writ dated January 6, 1906. In the Superior Court the case was tried before White, J. The material parts of the evidence are described in the opinion.
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Tort, by the administratrix of the estate of Patrick J. McDonald, for personal injuries to the plaintiff’s intestate from his being run into by a horse driven in a farm wagon by a servant of the defendant on August 12, 1905, at about noon on Call Street near Everett Street in that part of Boston called Jamaica Plain. Writ dated January 6, 1906. In the Superior Court the case was tried before White, J. The material parts of the evidence are described in the opinion. At the close of the evidence, the defendant asked the judge to rule that on all the evidence the plaintiff could not recover, and…
1Opinion of the CourtBraley, J.
In their, concurrent use of the public way at the time of the accident, the plaintiff’s intestate as a pedestrian and the defendant’s servant as the driver of the team were each required to exercise reasonable care to avoid injury to the other. But, they having come into collision, the defendant contends that there was no evidence for the jury of the due care of the decedent, who was thrown down and injured, or of the negligence of the driver, for whose acts he is responsible. It was undisputed that he was struck while rightfully using the street, even if he passed diagonally over instead of…
2Cases cited4 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Shapleigh v. WymanMassachusetts Supreme Judicial Court · 1883
- McCrohan v. DavisonMassachusetts Supreme Judicial Court · 1905
- McGourty v. DeMarcoMassachusetts Supreme Judicial Court · 1908
3Cited by4 opinions
- Rasmussen v. WhippleMassachusetts Supreme Judicial Court · 1912
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
- Shaw v. BoltonSupreme Judicial Court of Maine · 1923
- Crimmins v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1914