Stoliker v. City of Boston
Massachusetts Supreme Judicial Court
Three actions oe tort for injuries alleged to have been received by the plaintiff on October 8, 1904, a Saturday, between four and five o’clock in the afternoon by reason of his being thrown from a wagon which he was driving on Atlantic Avenue in Boston, because the wagon ran against a piece of timber negligently left protruding from a pile which had been placed at the side of the travelled way while the street at that place was being widened; the first action being against…
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Three actions oe tort for injuries alleged to have been received by the plaintiff on October 8, 1904, a Saturday, between four and five o’clock in the afternoon by reason of his being thrown from a wagon which he was driving on Atlantic Avenue in Boston, because the wagon ran against a piece of timber negligently left protruding from a pile which had been placed at the side of the travelled way while the street at that place was being widened; the first action being against the city under R. L. c. 51, § 18; the second against Daniel J. Kiley, who had contracted with the city to do the work;…
1Opinion of the CourtSheldon, J.
1. The first question in these cases is whether the jury would have been warranted upon the evidence in finding that the plaintiff was in the exercise of due care. Looking only at his conduct while driving on the street railway track, between the post of the elevated railway where the piles of timber had been put and that part of the way where the paving had been taken up and passage was obstructed, we are of opinion that such a finding could have been made. He was driving along in the ordinary way, going at only a slow trot, upon a part of the street which had not been disturbed, which it…
2Cases cited45 opinions
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Davis v. John L. Whiting & Son Co.Massachusetts Supreme Judicial Court · 1909
- Learoyd v. GodfreyMassachusetts Supreme Judicial Court · 1885
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
40 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- O'BRIEN v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1989
- City of Birmingham v. WestonSupreme Court of Alabama · 1937
- McConnon v. Charles H. Hodgate Co.Massachusetts Supreme Judicial Court · 1933
- Mulvaney v. City of WorcesterMassachusetts Supreme Judicial Court · 1935
20 more not listed; retrieve them via the Exa API.