Driscoll v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for causing the death of John Walsh, the plaintiff’s intestate, at twenty-five minutes after five ‘o’clock in the afternoon of November 23, 1915, on Washington Street near Palmer Street in that part of Boston known as Roxbury, as described in the opinion. Writ dated February 26, 1916. In the Superior Court, the action was tried before White, J. The evidence is described in the opinion.
Read the full summary
Tort for causing the death of John Walsh, the plaintiff’s intestate, at twenty-five minutes after five ‘o’clock in the afternoon of November 23, 1915, on Washington Street near Palmer Street in that part of Boston known as Roxbury, as described in the opinion. Writ dated February 26, 1916. In the Superior Court, the action was tried before White, J. The evidence is described in the opinion. At the close of the evidence, upon a motion in writing by the defendant, the judge ordered a verdict for the defendant; and, the verdict having been returned, by agreement of the parties, reported the case…
1Opinion of the Court
By the Court.
This is an action to recover damages for the death of John Walsh. The evidence in its aspect most favorable to the plaintiff tended to show that on a clear November evening the deceased started to cross a well lighted Boston street, not near a stopping place for cars or cross walk, when a trolley car of the defendant, properly lighted and then proceeding at about ten miles an hour, was fifty to seventy-five feet away. The motorman sounded his gong repeatedly and was seen to be “working his brake handle.” “The car slowed down to about four or five miles an hour.” The deceased paid…
2Cases cited3 opinions
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Anger v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Boyle v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
3Cited by3 opinions
- Hicks v. H. B. Church Truck Service Co.Massachusetts Supreme Judicial Court · 1927
- Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Ristuccia v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1933