Tashjian v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Three actions oe tort, for personal injuries occasioned to the plaintiffs by the alleged negligence of the defendant company in operating one of its cars on Shrewsbury Street in Worcester. Trial in the Superior Court, before Lawtogi, J., who allowed a bill of exceptions, in substance as follows. At the place of the accident there were double tracks. Cars passed frequently.
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Three actions oe tort, for personal injuries occasioned to the plaintiffs by the alleged negligence of the defendant company in operating one of its cars on Shrewsbury Street in Worcester. Trial in the Superior Court, before Lawtogi, J., who allowed a bill of exceptions, in substance as follows. At the place of the accident there were double tracks. Cars passed frequently. There was evidence that the driver and the other plaintiffs, who were riding in a Goddard buggy, could not see the car, and had no knowledge or warning of its approach until it was upon them. The plaintiffs contended that…
1Opinion of the CourtKnowlton, J.
The defendant’s requests for instructions were all rightly refused. Each of them disregards the existence and possible effect of certain evidence which might negative the proposition contained in the request.
The first instruction could not he given, because there was evidence that the driver and the other plaintiffs could not see the car, and had no knowledge or warning of its approach until it was upon them, and the jury might have found that the car was running rapidly, and that the motorman was *81negligent in running upon them without giving them warning while they were in the exercise of…
2Cases cited4 opinions
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Ellis v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1894
- White v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1896
3Cited by15 opinions
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Engel v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1936
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Butler v. Rockland, Thomaston & Camden Street RailwaySupreme Judicial Court of Maine · 1904
- Chadbourne v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1908
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