Kane v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries. Writ dated October 30, 1901. In the Superior Court Hopkins, J. refused to give certain instructions requested by the plaintiff and gave other instructions which are described by the court. The jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which after the death of Hopkins, J., were allowed by Graskill, J.
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries caused by a collision between a watering cart on which the plaintiff was driving and one of the defendant’s cars. The plaintiff was driving on the right of the track and toward the car, with his left wheels inside zthe right rail. When he began to turn off the track he turned to the left, across the track, and his cart was struck. The case is here on exceptions to the instructions given and refused at the trial. We are embarrassed in dealing with the case by the fact that we cannot doubt that the presiding judge perfectly understood the rudimentary…
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- Austin v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929
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