Spoatea v. Berkshire Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by a collision in the nighttime between the plaintiff, riding on a bicycle, and a team on the highway, alleged to have been caused by the plaintiff becoming blinded by a headlight of great power used on a street car of the defendant. Writ dated August 2, 1909. In the Superior Court the case was tried before McLaughlin, J. The plaintiff was the only witness. Material portions of his testimony are stated in the opinion.
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Tort for personal injuries received by a collision in the nighttime between the plaintiff, riding on a bicycle, and a team on the highway, alleged to have been caused by the plaintiff becoming blinded by a headlight of great power used on a street car of the defendant. Writ dated August 2, 1909. In the Superior Court the case was tried before McLaughlin, J. The plaintiff was the only witness. Material portions of his testimony are stated in the opinion. At the close of his testimony the plaintiff rested, and at the request of the defendant the judge ordered a verdict for the defendant. The…
1Opinion of the CourtRugg, C. J.
The plaintiff traveling in the night-time upon a bicycle on a highway was injured by collision with a team. It is sought to fasten liability upon the defendant because a headlight upon one of its cars proceeding on its track dazzled the plaintiff so that he ran into the team/ The plaintiff testified: — “The light blinded me, I was unable to guide my bicycle. ... It blinded me for the moment and I could not see; ... it was one of those large night reflectors. ... It was the same light on the cars that I saw them ordinarily use, that is about the same. . . . The light was thrown upon me as it…
2Cited by10 opinions
- Adduci v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Anger v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Daigneau v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Hansen v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Public Service Co. of Ind. v. Schneider's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1935
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