Herman v. Middlesex & Boston Street Railway Co.
Massachusetts Supreme Judicial Court
Three actions op tort against a street railway company, the first action being for damage to horses, a wagon and other property of a partnership composed of four partners by reason of a collision of an electric street car of the defendant with the wagon of the partnership, and the second and third actions being to recover for personal injuries received by two of the partners.
Read the full summary
Three actions op tort against a street railway company, the first action being for damage to horses, a wagon and other property of a partnership composed of four partners by reason of a collision of an electric street car of the defendant with the wagon of the partnership, and the second and third actions being to recover for personal injuries received by two of the partners. Writs dated February 25, 1916. In the Superior Court the actions were tried together before Hitchcock, J. The material evidence is described in the opinion. At the close of the evidence, the defendant moved that a…
1Opinion of the CourtCarroll, J.
Between six and seven o’clock on the evening of January 3, 1916, the plaintiffs David and Harry Herman left Framingham for Boston in an open wagon drawn by two horses hitched tandem. David was driving the one between the shafts, • and Harry, the lead horse. The wagon was run into from behind by one of the defendant’s cars, the plaintiffs were injured and the property of the partners, who were the plaintiffs in the first action, was damaged. To the refusal of the trial judge to order a verdict in its favor, the defendant excepted.
There was evidence for the jury that a lighted lantern was…
2Cases cited4 opinions
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Callahan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Sexton v. West Roxbury & Roslindale Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Manley v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1915
3Cited by2 opinions
- McTighe v. Union Freight RailroadMassachusetts Supreme Judicial Court · 1931
- O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924