Scherer v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries. Writ dated May 7, 1918. In the Superior Court, the action was tried before Fosdick, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $4,000; and the defendant alleged exceptions.
Read the full summary
Tort for personal injuries. Writ dated May 7, 1918. In the Superior Court, the action was tried before Fosdick, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $4,000; and the defendant alleged exceptions. The case was argued at the bar in March, 1921, before Rugg, C. J., Braley, He Courcy, Pierce, & Carroll, JJ. and afterwards was submitted on briefs to all the Justices.
1Opinion of the CourtDe Courcy, J.
On the testimony, mainly that of the plaintiff, the jury could find these facts: During the evening of March 20, 1918, Scherer was in Cambridge, where he had recently attended the Radio School. Shortly before midnight he had occasion to cross Prospect Street, near Broadway. Before leaving the sidewalk he stopped, looked in both directions and saw a car about one hundred and twenty feet away, coming from Central Square, and then moving about twelve miles an hour. “Thinking that the coast was clear” and that he had plenty of time, he proceeded on the cross walk at a three or four mile pace, and…
2Cases cited6 opinions
- O'Toole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Albee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Shea v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Lunderkin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Healy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Hess v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- McBride v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1931
8 more not listed; retrieve them via the Exa API.