Keaveny v. Moran
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff from being run over by a horse and wagon of the defendants, as he was crossing North Beacon Street in that part of Boston called Brighton at its intersection with Market Street. Writ dated June 21, 1907. At the trial in the Superior Court before White, J., it appeared that Market Street runs easterly and westerly and North Beacon Street northerly and southerly, the two crossing at right angles.
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Tort for personal injuries received by the plaintiff from being run over by a horse and wagon of the defendants, as he was crossing North Beacon Street in that part of Boston called Brighton at its intersection with Market Street. Writ dated June 21, 1907. At the trial in the Superior Court before White, J., it appeared that Market Street runs easterly and westerly and North Beacon Street northerly and southerly, the two crossing at right angles. The plaintiff testified in substance that at noon on May 11, 1907, he walked northerly along the westerly side of North Beacon Street, crossed…
1Opinion of the CourtSheldon, J.
1. The jury could have found that the plaintiff was in the exercise of due care. He was crossing North Beacon Street upon the proper crosswalk, walking in the usual way, after having looked in each direction. He observed an automobile coming, and stopped to keep out of its way. He was not bound to anticipate that a horse and wagon would come rapidly down Market Street, turn suddenly into the cross street and run against him.
2. There was evidence of the defendant’s negligence. It was for the jury to say whether the horse was beyond the control of the driver, when it turned suddenly into North…
2Cited by5 opinions
- White v. CalcuttMassachusetts Supreme Judicial Court · 1929
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- Ristuccia v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1933
- Huggon v. Whipple & Co.Massachusetts Supreme Judicial Court · 1913
- Condelli v. American Stables Co.Massachusetts Supreme Judicial Court · 1920