Hall v. Bay State Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by reason of a swill cart which the plaintiff was driving being run into from behind by a street car of the defendant. Writ dated January 10, 1911. In the Superior Court the case was tried before Hall, J. The material facts which the evidence tended to show are stated in the opinion. The jury found for the plaintiff in the sum of $900; and the defendant alleged exceptions.
1Opinion of the CourtLoring, J.
The only question in this case is whether the jury were authorized in finding that the plaintiff was in the exercise of due care.
The circumstances of this case were or could have been found to have been as follows: The plaintiff was driving a swill cart along a street in the city of Brockton in which there was a single track location of the defendant company. He was seated on the top of the swill box, with no canopy or covering to obstruct his view. As he drove along on the right hand side of the track, he came to a push cart standing next to the curb. He turned out to go by the push cart,…
2Cases cited8 opinions
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Le Blanc v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Wood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sharp v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1925
- Johnson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1925