Pierce v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff when he ]vas struck by a passing electric street car of the defendant. Writ dated December 19, 1916. In the Superior Court the action was tried before Fox, J. The material evidence is described in the opinion. There was evidence of due care of the plaintiff and of negligence of the motorman of the car in question. The defendant asked for a ruling that there was no evidence of negligence on the part of the conductor.
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Tort for personal injuries received by the plaintiff when he ]vas struck by a passing electric street car of the defendant. Writ dated December 19, 1916. In the Superior Court the action was tried before Fox, J. The material evidence is described in the opinion. There was evidence of due care of the plaintiff and of negligence of the motorman of the car in question. The defendant asked for a ruling that there was no evidence of negligence on the part of the conductor. The request was refused. The jury found for the plaintiff in the sum of $3,100; and the defendant alleged exceptions'.
1Opinion of the CourtCarroll, J.
The plaintiff, while standing on West Boylston Street near New Bond Street in the city of Worcester, waiting for a freight train to cross New Bond Street, was struck by the front end of the right hand running board of one of the defendant’s cars and injured. The jury found for the plaintiff. It was not disputed there was evidence for the jury of the plaintiff’s due care and of the negligence of the motorman. The defendant asked the court to rule that.there was no evidence of the conductor’s negligence, the exception to the refusal to grant this request is the only question open on the record.
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2Cases cited4 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Olund v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Leavitt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916