O'Brien v. Lexington & Boston Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by a farmer for the loss of a horse and injuries to another horse and a wagon of the plaintiff from being run into from behind by a coal car of the defendant on Waltham Street in Lexington on August 31,1904, when a servant of the plaintiff was driving a pair of large and heavy horses attached to the wagon, which contained a heavy load of swill, across the single track of a railway of the defendant in that street, in attempting to enter a driveway leading to the…
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Tort by a farmer for the loss of a horse and injuries to another horse and a wagon of the plaintiff from being run into from behind by a coal car of the defendant on Waltham Street in Lexington on August 31,1904, when a servant of the plaintiff was driving a pair of large and heavy horses attached to the wagon, which contained a heavy load of swill, across the single track of a railway of the defendant in that street, in attempting to enter a driveway leading to the plaintiff’s farm, the collision being alleged to have been caused by the negligence of the motorman of the defendant in…
1Opinion of the CourtBraley, J.
If, in the absence of any such statement in the bill of exceptions, we assume that the plaintiff obtained a verdict, the question for decision is, whether upon the evidence introduced by the plaintiff the trial judge could have ruled as requested by the defendant, that as matter of law the action could not be maintained. The plaintiff’s servant, who was driving a heavily loaded team, and the defendant’s motorman in charge of its coal car were lawfully using the street in common, and it was the motorman’s duty to pay reasonable attention to the presence of travellers and to avoid collisions.…
2Cases cited14 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- O'Brien v. Blue Hill Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Tognazzi v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lemay v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Keating v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Eustis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.