Morse v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for the death of Henry I. Morse, alleged to have been caused by his being negligently run into by an electric street car of the defendant on Warren Street near the corner of Rock-land Street in that part of Boston called Roxbury. Writ dated July 6, 1909. In the Superior Court the case was tried before Dana, J. At the close of the evidence, which is described in the opinion, the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtHammond, J.
While the plaintiff’s intestate, hereinafter called the deceased, was walking across Warren Street, he was killed by collision with one of the defendant’s cars. The street was about forty-five feet wide, having in its middle two tracks of two rails each, the space between the tracks being about five feet wide. *580The deceased had crossed one track and was struck as he was attempting to cross the other.
■ There were three eyewitnesses to the accident, all called by the plaintiff. Of these Doyle testified in substance that he was attracted by the violent ringing of a gong, "one continuous ringing;”…
2Cases cited1 opinion
- Stone v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by6 opinions
- Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Welsh v. Concord, Maynard & Hudson Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Plympton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
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