Altavilla v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, a deaf and dumb boy, when four years and four months of age from having one of his feet crushed by the forward left wheel of a single truck, closed car of the defendant at about one o’clock in the afternoon of October 12, 1909, on Milton Street in the part of the town of Dedham called East Dedham.
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Tort for personal injuries sustained by the plaintiff, a deaf and dumb boy, when four years and four months of age from having one of his feet crushed by the forward left wheel of a single truck, closed car of the defendant at about one o’clock in the afternoon of October 12, 1909, on Milton Street in the part of the town of Dedham called East Dedham. Writ dated January 24, 1910. In the Superior Court the case was tried before Crosby, J. The defendant introduced evidence tending to show that the car was moving at a moderate rate of speed, that the gong was ringing, that the child came out of…
1Opinion of the CourtDe Courcy, J.
The plaintiff, a deaf and dumb child four years and four months old, was injured by having one of his feet crushed by the forward left wheel of a single truck, closed car of the defendant. At the conclusion of the charge it was conceded that the boy was incapable of exercising care on his own behalf, and that his mother was not lacking in due care in her attendance upon him. The jury returned a verdict for the defendant. The case is here on the plaintiff’s exceptions to the judge’s refusal to give his sixth, seventh, eighth, ninth and tenth requests for instructions, and to the giving of the…
2Cases cited2 opinions
- Barnes v. LoomisMassachusetts Supreme Judicial Court · 1908
- Burns v. JonesMassachusetts Supreme Judicial Court · 1912
3Cited by19 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Mishara Construction Co. v. Transit-Mixed Concrete Corp.Massachusetts Supreme Judicial Court · 1974
- Mahoney v. GoochMassachusetts Supreme Judicial Court · 1923
- Tonsman v. GreenglassMassachusetts Supreme Judicial Court · 1924
- Global Investors Agent Corp. v. National Fire InsuranceMassachusetts Appeals Court · 2010
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