McCarthy v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries sustained by the plaintiff on July 3, 1914, when she was a passenger in a car of the defendant, by reason of the car being run into from behind by another car of the defendant at the defendant’s station at Sullivan Square in the part of Boston called Charlestown, and the second action by the husband of the plaintiff in the first action for damages incurred by reason of her injuries.
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Two actions of tort, the first for personal injuries sustained by the plaintiff on July 3, 1914, when she was a passenger in a car of the defendant, by reason of the car being run into from behind by another car of the defendant at the defendant’s station at Sullivan Square in the part of Boston called Charlestown, and the second action by the husband of the plaintiff in the first action for damages incurred by reason of her injuries. Writs dated respectively September 21, 1914, and November 11, 1914. In the Superior Court the cases were tried together before Hardy, J. The admissions of the…
1Opinion of the CourtCrosby, J.
The plaintiff in the first action, a passenger, seeks to recover for personal injuries, alleged to have been received in a collision of the defendant’s cars. The second action is brought by the husband of the plaintiff in the first action, for consequential damages.
The plaintiff in the first action hereafter will be referred to as the plaintiff.
At the trial of these cases in the Superior Cotut it was admitted that the collision was due to negligence on the part of the defendant and that the plaintiff was in the exercise of due care.. 1. It is undoubtedly true that there can be no recovery for…
2Cases cited8 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Conley v. United Drug Co.Massachusetts Supreme Judicial Court · 1914
- Cameron v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1902
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1872
- Steverman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Antokol v. BarberMassachusetts Supreme Judicial Court · 1924
- Damiano v. National Grange Mutual Liability Co.Massachusetts Supreme Judicial Court · 1944
- Freedman v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1938
- Clemm v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1928
- Fournier v. Great Atlantic & Pacific Tea Co.Supreme Judicial Court of Maine · 1929
3 more not listed; retrieve them via the Exa API.