Dube v. Keogh Storage Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received on February 27, 1919, when the plaintiff, while engaged in repairing a spring switch of the street railway on Pleasant Street near the corner of Fourth Street in the city of Fall River, was run into by a motor truck of the defendant. Writ dated March 5, 1919. In the Superior Court the action was tried before Raymond, J. Material evidence is described in the opinion.
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Tort for personal injuries received on February 27, 1919, when the plaintiff, while engaged in repairing a spring switch of the street railway on Pleasant Street near the corner of Fourth Street in the city of Fall River, was run into by a motor truck of the defendant. Writ dated March 5, 1919. In the Superior Court the action was tried before Raymond, 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 defendant then asked for rulings, among which were the following: “1. On all…
1Opinion of the CourtJenney, J.
Adelard L. Dube on February 27, 1919, shortly before eight o’clock on a “clear and cold” morning, was seriously *492injured by a motor truck belonging to the Keogh Storage Company and then being used in its business.
The main question is as to the due care of the plaintiff. There was evidence tending to show the following facts: The plaintiff, who was employed by a street railway company which had tracks on Pleasant Street in Fall River, went to the scene of the accident to repair a spring switch connected with the tracks. The switch was located on that street near the corner of Fourth Street.…
2Cases cited10 opinions
- Goodfellow v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Hanley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Burns v. Oliver Whyte Co.Massachusetts Supreme Judicial Court · 1919
- Gagnon v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
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- Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
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