Cotter v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort by an infant by her father and next friend for injuries caused by being run over by an electric car of the defendant. Writ dated May 23, 1899. In the Superior Court, Maynard, J., at the close of the plaintiff’s evidence, ruled that the plaintiff was not entitled to recover and ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries caused by an electric ear. The plaintiff was three years and ten months old at the time of the accident, and was trying to run across the street directly in front of the car when she was run down. There is no evidence that she used the care that would be expected of an adult, and therefore if there was negligence on the part of her parents in allowing her to be where she was she cannot recover. Collins v. South Boston Railroad, 142 Mass. 301, 313. Butler v. New York, New Haven, & Hartford Railroad, 177 Mass. 191, 193. With regard to the latter question, *146…
2Cases cited9 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Hewitt v. Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Casey v. SmithMassachusetts Supreme Judicial Court · 1890
- McNeil v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Shear v. RogoffMassachusetts Supreme Judicial Court · 1934
6 more not listed; retrieve them via the Exa API.