Hewitt v. Taunton Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, by tbe administrator of the estate of Frederick Hewitt, for causing bis death. At tbe trial in the Superior Court, before Lilley, J., it appeared that the plaintiff’s intestate was a child three years and eight months old, and lived with his parents on Bay Street in Taunton, which was one of the main thoroughfares in the city, and upon which the defendant’s electric railway ran; that, on the day of the accident, the child’s father came home about five o’clock in the…
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Tort, by tbe administrator of the estate of Frederick Hewitt, for causing bis death. At tbe trial in the Superior Court, before Lilley, J., it appeared that the plaintiff’s intestate was a child three years and eight months old, and lived with his parents on Bay Street in Taunton, which was one of the main thoroughfares in the city, and upon which the defendant’s electric railway ran; that, on the day of the accident, the child’s father came home about five o’clock in the afternoon and went directly into the house, leaving the child alone in the yard, where he was then playing ; that the yard…
1Opinion of the CourtAllen, J.
1. In respect to the question whether there was sufficient evidence that due care was exercised by the parents of *485the child, the present case falls within the reason of those recent cases in which it was held that the question was for the jury; Powers v. Quincy & Boston Street Railway, 163 Mass. 5, and cases there cited; and it is to be distinguished from Casey v. Smith, 152 Mass. 294, where virtually the child was sent to play upon the street.
2. The question to the child’s father, whether he considered his boy to be of average intelligence, of ordinary capacity, was not a question as to his…
2Cases cited6 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- Downey v. SawyerMassachusetts Supreme Judicial Court · 1892
- Laplante v. Warren Cotton MillsMassachusetts Supreme Judicial Court · 1896
- Casey v. SmithMassachusetts Supreme Judicial Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- McGarr v. National & Providence Worsted MillsSupreme Court of Rhode Island · 1902
- McNeil v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1899
15 more not listed; retrieve them via the Exa API.