Rasmussen v. Whipple
Massachusetts Supreme Judicial Court
Tort under R. L. c. 171, § 2, to recover for the death of Albert E. F. Rasmussen on April 22, 1907. Writ dated June 15, 1907. In the Superior Court the case was tried before Brown, J. On the question of due care of the plaintiff’s intestate, there was evidence tending to show that the intestate was a bright, intelligent newsboy a little over twelve years and two months of age, selling papers in Mattapan Square in Boston; that just before the accident he had been called by…
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Tort under R. L. c. 171, § 2, to recover for the death of Albert E. F. Rasmussen on April 22, 1907. Writ dated June 15, 1907. In the Superior Court the case was tried before Brown, J. On the question of due care of the plaintiff’s intestate, there was evidence tending to show that the intestate was a bright, intelligent newsboy a little over twelve years and two months of age, selling papers in Mattapan Square in Boston; that just before the accident he had been called by two men who were standing near the curb on a reserved space in the middle of Blue Hill Avenue at its entrance into the…
1Opinion of the CourtDeCourcy, J.
The plaintiff’s intestate, a boy twelve years of age, while selling papers on the easterly roadway of Blue Hill Avenue near Mattapan Square, was struck by the defendant’s automobile and killed. At the time of the accident the defendant was in the automobile, and the driver acted immediately under his direction. Accordingly the gross negligence of the employee becomes immaterial, and it is conceded that the plaintiff is obliged to show only ordinary negligence on the part of the defendant or his driver. R. L. c. 171, § 2.
Near the place of the accident passengers travelling on electric cars…
2Cases cited5 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Commonwealth v. CassidyMassachusetts Supreme Judicial Court · 1911
- Rogers v. PhillipsMassachusetts Supreme Judicial Court · 1910
- McDonald v. BowditchMassachusetts Supreme Judicial Court · 1909
3Cited by25 opinions
- Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
- Rizzittelli v. VestineMassachusetts Supreme Judicial Court · 1923
- Maskaliunas v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1925
- Hennessey v. MoynihanMassachusetts Supreme Judicial Court · 1930
- Pawloski v. HessMassachusetts Supreme Judicial Court · 1925
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