Legal Opinion

Egan v. Middlesex & B. St. Ry. Co.

District Court, D. Massachusetts

Decided April 30, 1913No. 231PublishedCited by 1 opinion

At Law. Action by John J. Egan, as administrator, etc., against the Middlesex & Boston Street Railway Company. On motion for new trial.

1Opinion of the Court

MORTON, District Judge.

[1, 2] The evidence warranted a finding that the plaintiff, while under the influence of' liquor started to cross the street; that while on the defendant’s track he suddenly fell *563forward and struck his head, .rendering him unconscious; that he lay in this condition upon the track for several minutes before the car which injured him came; and that it was possible for the motorman to see him lying on the track from a distance within which the car could easily have been stopped if operated in a 'careful manner. It cannot be said that the plaintiff was, as a matter of law,…

2Cases cited3 opinions

  1. McDermott v. SevereSupreme Court of the United States · 1906
  2. Sullivan v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Post Pub. Co. v. PeckCourt of Appeals for the First Circuit · 1912

3Cited by1 opinion

  1. Halloran v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1921

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