Casey v. Smith
Massachusetts Supreme Judicial Court
Tout for personal injuries caused by tbe plaintiff’s being run over by a vehicle in B Street in that part of Boston called South. Boston. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion. The case was argued at the bar in March, 1890, and after-wards was submitted on the briefs to all the judges, except Morton, J.
1Opinion of the CourtKNOWiiTON, J.
The plaintiff at the time of the accident was three years and nineteen days old. He was run over on a public street in a crowded part of the city of Boston, and the jury have found in substance that the accident was caused, wholly or in part, by his failure to exercise such care as an adult person of ordinary prudence would have exercised under like circumstances. That fact would not prevent his recovery if he was of such age and intelligence that he could properly be alone on the street, and if he used the ordinary care of boys of his age; but if he was too young to take care of himself, and…
2Cases cited3 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
3Cited by16 opinions
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Hewitt v. Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1897
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