Legal Opinion

Mullen v. Springfield Street Railway Co.

Massachusetts Supreme Judicial Court

Decided October 18, 1895PublishedCited by 13 opinions

Tort, under St. 1886, c. 140, by the administrator of the estate of Robert J. Mullen, for causing his death. At the trial in the Superior Court, before Hopkins, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtKnowlton, J.

The plaintiff’s intestate, Robert J. Mullen, a boy nine years and seven months old, with Joseph Rivers, another boy a little older with whom he was not acquainted, was riding at the hind end of a grain dealer’s business wagon along Chestnut Street in Springfield. A single track of the defendant’s electric railway was laid through the middle of the street. The driver sat on a seat at the forward end of the wagon, driving a single horse, and he had no knowledge of the presence of the boys who got upon the wagon without the permission of anybody. The plaintiff’s intestate was on the wagon when…

2Cases cited5 opinions

  1. Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
  2. Thompson v. Buffalo Railway Co.New York Court of Appeals · 1895
  3. Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
  4. Messenger v. DennieMassachusetts Supreme Judicial Court · 1886
  5. Casey v. City of MaldenMassachusetts Supreme Judicial Court · 1895

3Cited by13 opinions

  1. Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  2. Galbraith v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
  3. Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  4. McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  5. Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907

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