Legal Opinion

Callaghan v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided January 6, 1909PublishedCited by 8 opinions

Tort for personal injuries sustained by the plaintiff from being struck by a car of the defendant while walking across Sixth Street in that part of Boston called South Boston at about ten o’clock on the evening of September 25, 1905, as described in the opinion. " Writ dated December 16,1905. At the trial in the Superior Court before Schofield, J., the evidence disclosed the facts which are stated in the opinion.

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Tort for personal injuries sustained by the plaintiff from being struck by a car of the defendant while walking across Sixth Street in that part of Boston called South Boston at about ten o’clock on the evening of September 25, 1905, as described in the opinion. " Writ dated December 16,1905. At the trial in the Superior Court before Schofield, J., the evidence disclosed the facts which are stated in the opinion. At the close of the evidence, the defendant asked the judge to order a verdict for the defendant, but the judge submitted the case to the jury, in pursuance of an agreement by…

1Opinion of the CourtKnowlton, C. J.

The only question in this case is whether there was evidence that the plaintiff was in the exercise of due care. He was a man of about sixty years of age who, by reason of a spinal disease, had been a cripple all his life, and walked slowly with a crutch. The accident happened at the corner of 0 Street and Sixth Street in South Boston, which streets cross each other at right angles, 0 Street running nearly north and south and Sixth Street running nearly east and west. Sixth Street is fifty feet and four inches wide between the outer lines on each side, and thirty-four feet wide from curb to…

2Cases cited6 opinions

  1. Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  2. Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  4. Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  5. Madden v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
  2. Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  3. Kennedy v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1911
  4. Lunderkin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
  5. Magner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911

3 more not listed; retrieve them via the Exa API.

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