McCue v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for causing the death of the plaintiff’s intestate, Michael McCue, on July 9, 1912, on Commonwealth Avenue in Boston. Writ dated September 9, 1912. In the Superior Court the case was tried before Sanderson, J. The material facts and the exceptions of the defendant are stated in the opinion. The jury found for the plaintiff in the sum of $6,240; and the defendant alleged exceptions.
1Opinion of the CourtPierce, J.
Culling from the evidence only such facts and inferences of fact or facts as tend to establish or to give credibility to the plaintiff’s contention that his intestate was killed through the defendant’s negligence while he was in the exercise of statutory due diligence (Vahey v. Bigelow, 208 Mass. 89, 92), it might have been found that at the time of the accident resulting in the intestate’s death workmen were and for a month had been engaged in resurfacing the southerly side of Commonwealth Avenue from a point between Beacon Street and the synagogue to Cottage Farm, a straight course of half…
2Cases cited6 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Hanley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Vahey v. BigelowMassachusetts Supreme Judicial Court · 1911
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Dwyer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Johnston v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Leavitt v. MaynesMassachusetts Supreme Judicial Court · 1917
- Hayes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Conry v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Brereton v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1916
1 more not listed; retrieve them via the Exa API.