Kerr v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being run into from behind by an electric car of the defendant as the plaintiff was riding a bicycle on Broadway near Lynde Street in Everett on the evening of October 19, 1901. Writ dated November 15, 1901. In the Superior Court Holmes, J. ordered a verdict for the defendant on the ground that there was not sufficient evidence of due care on the part of the plaintiff. The plaintiff alleged exceptions.
1Opinion of the CourtHammond, J.
The plaintiff, an experienced bicyclist, while riding in a public macadamized street in which were double tracks of the defendant, came into collision with one of the defendant’s cars going in the same direction. The accident occurred about 8 P. M. on October 19, 1901. The plaintiff for some minutes before had been riding so near to the outer rail of the track as to be in the way of any car passing upon that track, and he so continued up to the time of the accident. The dis*435tance from this outer rail to the curbstone was about fifteen feet, and on cross-examination the plaintiff testified that…
2Cases cited4 opinions
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Tashjian v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Le Blanc v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
3Cited by20 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Bouma v. DuboisMichigan Supreme Court · 1912
- Lawrence v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Callahan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
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