Travers v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Joseph P. Travers, to recover for his death and conscious suffering caused by his being run over on September 22, 1910, by a street railway car of the defendant near the corner of Quincy Street and Bowdoin Street in that part of Boston called Dorchester.
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Tort by the administrator of the estate of Joseph P. Travers, to recover for his death and conscious suffering caused by his being run over on September 22, 1910, by a street railway car of the defendant near the corner of Quincy Street and Bowdoin Street in that part of Boston called Dorchester. Writ dated August 18, 1911. . In the Superior Court the case was tried before Aiken, C. J. There was evidence tending to show the following facts: At the time of the accident, the plaintiff’s intestate was five years and one month of age, and both of his parents were living. He had been attending a…
1Opinion of the CourtSheldon, J.
The case was submitted to the jury under proper instructions, and the requests of the defendant for rulings were correctly dealt with. The question of the care required of the plaintiff’s intestate, if he was of sufficient development and intelligence to be allowed to go upon the street alone, was left to the jury with accurate instructions. The duty of his parents, if he was not able to take care of himself, was to provide suitable oversight for him, and it was properly left to the jury to say whether this was done. The rule stated in Hudson v. Lynn & Boston Railroad, 185 Mass. 510, and…
2Cases cited6 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Hewitt v. Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Commonwealth v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1871
- Ingraham v. Boston & Norther Street Railway Co.Massachusetts Supreme Judicial Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Faircloth v. Framingham Waste Material Co.Massachusetts Supreme Judicial Court · 1934
- Marchant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Buckley v. Arthur J. Hickey Family Laundry Co.Massachusetts Supreme Judicial Court · 1927
2 more not listed; retrieve them via the Exa API.