Norris v. Saxton
Massachusetts Supreme Judicial Court
Tort, in two counts. The first count was for injuries to the plaintiff, and to her horse and carriage, alleged to have been caused by the defendant’s negligence. The second count was upon the Pub. Sts. c. 98, §§ 1, 4, for the same cause of action. Trial in the Superior Court, before HopJcins, J., who allowed a bill of exceptions, the material part of which is, in substance, as follows.
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Tort, in two counts. The first count was for injuries to the plaintiff, and to her horse and carriage, alleged to have been caused by the defendant’s negligence. The second count was upon the Pub. Sts. c. 98, §§ 1, 4, for the same cause of action. Trial in the Superior Court, before HopJcins, J., who allowed a bill of exceptions, the material part of which is, in substance, as follows. The plaintiff and the defendant were, between three and six o’clock in the afternoon of May 17, 1889, driving.in separate carriages on a highway in Boston, and at some place on this highway the defendant’s…
1Opinion of the CourtBarker, J.
The verdict for the plaintiff was upon the count under the Pub. Sts. c. 93, §§ 1, 4, commonly called the law of the road. But the highway where the collision occurred was formed by the junction of Beacon Street and Commonwealth *49Avenue, in Boston, which at this place crossed each other diagonally. The law of the road does not regulate the manner in which persons shall drive when they meet at the junction of two streets, and could not therefore give the plaintiff a right of action. Garrigan v. Berry, 12 Allen, 84. See also Lovejoy v. Dolan, 10 Cush. 495, 497. As the statute did not apply, the…
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- Meservey v. LockettMassachusetts Supreme Judicial Court · 1894
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