Raymond v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, by the administrator of the estate of Johanna Raymond, late of Worcester, for causing the death of the plaintiff’s intestate on March 21, 1913, by negligently running her down with a street railway car operated by the defendant on Lincoln Street in Worcester when she was in the exercise of due care and was not a passenger or in the employ of the defendant.
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Tort under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, by the administrator of the estate of Johanna Raymond, late of Worcester, for causing the death of the plaintiff’s intestate on March 21, 1913, by negligently running her down with a street railway car operated by the defendant on Lincoln Street in Worcester when she was in the exercise of due care and was not a passenger or in the employ of the defendant. Writ dated April 12,1913. In the Superior Court the case was tried before Hall, J. The facts favorable to the plaintiff which could have been found upon the evidence…
1Opinion of the CourtBraley, J.
It has been repeatedly held in actions under R. L. c. Ill, § 267, now St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, for negligently causing the death of a person not a passenger, that in order to recover there must be some positive affirmative evidence of the due care of the decedent at the time of injury. Donaldson v. New York, New Haven, & Hartford Railroad, 188 Mass. 484, 486, and cases cited. Mathes v. Lowell, Lawrence, & Haverhill Street Railway, 177 Mass. 416. If no direct testimony is available, evidence of all the circumstances when sufficiently full may be enough to…
2Cases cited6 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- Butler v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Gleason v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1903
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3Cited by2 opinions
- Hayes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Parsons v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920