Keeney v. Springfield Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, against a street railway corporation, the first for damage to an automobile belonging to the plaintiff from being run into by an electric car of the defendant on the night of ¡November 23, 1909, on Longmeadow Street in Long-meadow, and the second by the chauffeur of the plaintiff in the first case, who was in the tonneau of the automobile at the time of the collision, for personal injuries thereby sustained.
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Two actions OF tort, against a street railway corporation, the first for damage to an automobile belonging to the plaintiff from being run into by an electric car of the defendant on the night of ¡November 23, 1909, on Longmeadow Street in Long-meadow, and the second by the chauffeur of the plaintiff in the first case, who was in the tonneau of the automobile at the time of the collision, for personal injuries thereby sustained. Writs dated January 15 and March 17, 1910. In the Superior Court the cases were tried together before Sanderson, J. There was evidence introduced by the plaintiffs of…
1Opinion of the CourtSheldon, J.
Apparently it was not disputed that the plaintiffs’ automobile was duly licensed in Connecticut, that they had violated none of the requirements of our statute then in force (St. 1909, c. 534, §§ 3, 10), and that they were rightfully operating their machine in this Commonwealth. The rule stated in Chase v. New York Central & Hudson River Railroad, 208 Mass. 137, 156, and the cases there cited, has no application here.
The jury could have found that the accident was due to negligence of the defendant’s motorman in driving his car at an excessive rate of speed, in failing to observe Keeney as…
2Cases cited2 opinions
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Lawrence v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1909
3Cited by3 opinions
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Davidson Bros. v. Des Moines City Railway Co.Supreme Court of Iowa · 1915
- George G. Fox Co. v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1914