Hamilton v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while a passenger in one of the defendant’s horse cars, on Cambridge Street in Boston, by the alleged negligence of the defendant. Trial in the Superior Court, before Dunbar, J., who, at the close of the evidence for the plaintiff and at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts sufficiently appear in the opinion.
1Opinion of the CourtHolmes, J.
The plaintiff seeks to charge the defendant for personal injuries suffered by her, on the ground that its car ought to have avoided a runaway herdic which ran into it and did the damage. The grounds, however stated, are pure matter of guess, work. It is conjecture whether the driver knew that the herdic was coming. It would be prejudice to say that he ought to have known, if he did not. There is no evidence on either point which amounts to anything except the relative situations. The time during which the herdic was in sight before the accident must have been very short. During the last part…
2Cited by3 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Kiley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Black v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905