James v. Interstate Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the driver of an express wagon for personal injuries caused by a collision with an electric car of the defendant. Writ dated October 12, 1904. In the Superior Court the case was tried before Bell, J. The plaintiff was a teamster driving an express wagon, and was about to deliver a barrel of flour at the house of one Powers on the west side of Washington Street, a public highway in Attleborough.
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Tort by the driver of an express wagon for personal injuries caused by a collision with an electric car of the defendant. Writ dated October 12, 1904. In the Superior Court the case was tried before Bell, J. The plaintiff was a teamster driving an express wagon, and was about to deliver a barrel of flour at the house of one Powers on the west side of Washington Street, a public highway in Attleborough. The horse driven by the plaintiff weighed about fourteen hundred pounds and the express wagon was ten feet long and four feet wide inside. The accident happened between 5.15 and 5.20 P. M. on…
1Opinion of the CourtHammond, J.
As frequently happens in cases of this kind, the evidence as to many of the material points was very conflicting. We have carefully examined it, and are of opinion that the questions whether the plaintiff in the management of his team and in his efforts to ascertain whether a car was approaching used due care, and whether the defendant in the management and equipment of its car was negligent, were questions of fact and not of law. The case was properly submitted to the jury.
Exceptions overruled.
2Cited by4 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Le Baron v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Donovan v. Connecticut Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Hall v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1914