Murray v. Liebmann
Massachusetts Supreme Judicial Court
Tort for personal injuries caused on March 6, 1915, when the plaintiff was standing on the sidewalk on Winter Street in Boston, by his being struck by tires on and projecting over the running board of the defendant’s motor car which was drawing up to the curb. Writ dated June 2, 1915. In the Superior Court"the action was tried before Wait, J. The material evidence, portions of the judge’s charge and the course of the trial are described in' the opinion.
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Tort for personal injuries caused on March 6, 1915, when the plaintiff was standing on the sidewalk on Winter Street in Boston, by his being struck by tires on and projecting over the running board of the defendant’s motor car which was drawing up to the curb. Writ dated June 2, 1915. In the Superior Court"the action was tried before Wait, J. The material evidence, portions of the judge’s charge and the course of the trial are described in' the opinion. At the close of the evidence and again at the close of the charge, the plaintiff asked for the following rulings: “1. A man standing on the…
1Opinion of the CourtBraley, J.
The sidewalk where the plaintiff was standing engaged in conversation with a friend when he was struck .and *9injured by the slightly overhanging spare tires carried on the defendant’s motor car in an upright position upon the running board, formed part of the highway, in the concurrent use of which each party owed to the other the duty of due care. And the plaintiff had the right to assume that drivers of vehicles using the part of the way wrought for carriage travel would exercise ordinary precaution to avoid contact with persons on the sidewalk standing within the cubbing. Hennessey v.…
2Cases cited7 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. HenryMassachusetts Supreme Judicial Court · 1917
- Loveland v. RandMassachusetts Supreme Judicial Court · 1908
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Baker v. DavisMassachusetts Supreme Judicial Court · 1938
- Costello v. HayesMassachusetts Supreme Judicial Court · 1924
- Ice v. GardnerSupreme Court of Oklahoma · 1938
- Guyan Chevrolet Co. v. DillowCourt of Appeals of Kentucky (pre-1976) · 1936
- Young v. PotterSupreme Judicial Court of Maine · 1934
6 more not listed; retrieve them via the Exa API.