Morey v. Gloucester Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, under St. 1886, c. 140, to recover damages for the death of the plaintiff’s intestate, Thomas Raymond Austin, whose life was alleged to have been lost by reason of the gross negligence of the defendant’s motorman, while he himself was in the exercise of due care.
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Tort, under St. 1886, c. 140, to recover damages for the death of the plaintiff’s intestate, Thomas Raymond Austin, whose life was alleged to have been lost by reason of the gross negligence of the defendant’s motorman, while he himself was in the exercise of due care. Trial in the Superior Court before Braley, J., who, at the close of the evidence for the plaintiff, directed the jury, at the request of the-defendant, to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
There was very little if any evidence of negligence on the part of the motorman. The testimony tends to show that, at about eight o’clock in the evening of July 24, an electric car was passing along the track on Main Street in the city of Gloucester, in the central part of the city; that the street was narrow, with narrow sidewalks, and a width of only twenty-seven feet for travel with teams between the curbstones ; that the railroad track was about in the middle of the street, and. the car was running at about the usual rate of speed, when the plaintiff’s intestate, who was eight years and…
2Cases cited4 opinions
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Galbraith v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Mullen v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Casey v. City of MaldenMassachusetts Supreme Judicial Court · 1895
3Cited by17 opinions
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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