Tognazzi v. Milford & Uxbridge Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff in a collision between a butcher’s wagon, which he was driving, and an electric car of the defendant on East Main Street in Milford at five minutes past one o’clock in the afternoon of November 10,1906. Writ in the Superior Court for the county of Worcester dated February 18,1907. The case was tried in the Superior Court before King, J. The facts are stated in the opinion.
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Tort for personal injuries alleged to have been received by the plaintiff in a collision between a butcher’s wagon, which he was driving, and an electric car of the defendant on East Main Street in Milford at five minutes past one o’clock in the afternoon of November 10,1906. Writ in the Superior Court for the county of Worcester dated February 18,1907. The case was tried in the Superior Court before King, J. The facts are stated in the opinion. At the close of the plaintiff’s evidence, the presiding judge ordered a verdict for the defendant on the ground that the plaintiff was not in the…
1Opinion of the CourtMorton, J.
We assume in favor of the plaintiff without deciding that the evidence warranted a finding that the motorman was negligent; but we think that the ruling that the plaintiff was not in the exercise of due care was correct.
The plaintiff testified that, as he went from North Street into East Main Street across the railroad track, he stooped over or leaned out of his wagon and looked both sides to see if a car was *9coming, but did not see any. He did this, as he testified, because he felt that it was necessary for his safety that he should do so. There was testimony tending to show that the track…
2Cases cited6 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Donovan v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Williamson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Beirne v. Lawrence & Methuen Street Railway Co.Massachusetts Supreme Judicial Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Kennedy v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Keating v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Wade v. BuchananMassachusetts Supreme Judicial Court · 1940
- O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
8 more not listed; retrieve them via the Exa API.