Hennessey v. Taylor
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the negligence of the defendant in running down the plaintiff with his automobile while she was crossing South Main Street in Fall River at half past four o’clock on the afternoon of October. 19, 1908, for the purpose of taking an electric car.
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Tort for personal injuries alleged to have been caused by the negligence of the defendant in running down the plaintiff with his automobile while she was crossing South Main Street in Fall River at half past four o’clock on the afternoon of October. 19, 1908, for the purpose of taking an electric car. Writ dated November 30,1903. At the trial in the Superior Court before White, J. the defendant at the close of the evidence requested the judge to rule, 1, that upon all the evidence in the case the plaintiff was not entitled to recover, 2, that there was no sufficient evidence to warrant a…
1Opinion of the CourtBraley, J.
At the time of the accident the parties were travellers upon the highway, the plaintiff on foot, the defendant in his automobile. Their respective rights and reciprocal duties have been often defined that although each had the right to pass and repass, neither could so negligently exercise this right as to injure the other. O’Brien v. Blue Sill Street Railway, 186 Mass. 446, 447, and cases cited. Having come into collision, the usual questions of due care on the part of the plaintiff and negligence of the defendant are raised.
Ordinarily these are issues of fact for the jury. Purtell v.…
2Cases cited27 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- McGuinness v. City of WorcesterMassachusetts Supreme Judicial Court · 1894
22 more not listed; retrieve them via the Exa API.
3Cited by133 opinions
- Raunela v. Hertz Corp.Massachusetts Supreme Judicial Court · 1972
- O'Dowd v. NewnhamCourt of Appeals of Georgia · 1913
- Deputy v. KimmellWest Virginia Supreme Court · 1914
- Adler v. MartinSupreme Court of Alabama · 1912
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
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