Grant v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received on September 19, 1914, when the plaintiff was struck by an electric street car operated by the defendant as he was crossing Tremont Street toward Waltham Street in Boston. Writ dated April 22, 1915. In the Superior Court the case was tried before Hall, J. The material evidence is described in the opinion. At the close of the evidence the defendant presented a motion in writing that a verdict be ordered for the defendant.
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Tort for personal injuries received on September 19, 1914, when the plaintiff was struck by an electric street car operated by the defendant as he was crossing Tremont Street toward Waltham Street in Boston. Writ dated April 22, 1915. In the Superior Court the case was tried before Hall, J. The material evidence is described in the opinion. At the close of the evidence the defendant presented a motion in writing that a verdict be ordered for the defendant. The motion was denied. The defendant also presented, among others, requests for the following rulings: “If it appears from the testimony…
1Opinion of the CourtPierce, J.
This is an action of tort to recover for personal injuries received by the plaintiff on September 19,1914. Upon the footing of an action arising and tried before St. 1914, c. 553, at the close of the evidence the defendant in writing moved the court to rule that “upon all the evidence the plaintiff was not entitled to recover.” This the court refused to do and the defendant’s exception to this refusal was duly saved.
The jury would have been warranted in finding the substantial and material facts to be as follows: The plaintiff was fifty-three years of age and in the full possession of his…
2Cases cited7 opinions
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- O'Toole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Willis v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Beirne v. Lawrence & Methuen Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Foster v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
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3Cited by5 opinions
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Barnett v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
- Kenney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1933
- Walsh v. Metropolitan Transit AuthorityBoston Municipal Court · 1950