Kelly v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff from being run into by an electric street car of the defendant while he was working in a street.
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Tort for personal injuries received by the plaintiff from being run into by an electric street car of the defendant while he was working in a street. Writ in the Superior Court for the county of Suffolk dated October 13, 1903. At the trial, which was before Richardson, J., besides the facts stated in the opinion, it appeared that the accident happened shortly after noon on á clear day in July on the southerly side of Massachusetts Avenue at its junction with St. Botolph Street. Other facts are stated in the opinion. At the close of the evidence, the defendant requested the presiding judge to…
1Opinion of the CourtSheldon, J.
The only question that need be considered in this case is whether there was any evidence that the plaintiff was in the exercise of due care at the time of the injury. He was laying crushed stone on the surface of Massachusetts Avenue between the curbstone and a line of paving stones which projected a distance of eighteen inches outside of the defendant’s tracks. His work did not bring him between those tracks, or within eighteen inches of them. There was affirmative evidence that the overhang of the defendant’s cars was not beyond that distance, and no claim was made to the contrary. Cars…
2Cases cited6 opinions
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Meadowcroft v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1906
- Ahearn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Gorham v. Milford, Attleborough & Woonsocket Street Railway Co.Massachusetts Supreme Judicial Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Dube v. Keogh Storage Co.Massachusetts Supreme Judicial Court · 1920
- Tibbetts v. DuntonSupreme Judicial Court of Maine · 1934
- Reynolds v. MurphyMassachusetts Supreme Judicial Court · 1922
- Loyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927
5 more not listed; retrieve them via the Exa API.