Ferguson v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff as he was driving in a grocery wagon out from the yard of one Clinton in East Braintree to and upon the tracks of the defendant on Quincy Avenue under the circumstances stated in the opinion. Writ dated November 10, 1906. The case was tried before Qrosby, J. The material facts are stated in the opinion.
Read the full summary
Tort for personal injuries received by the plaintiff as he was driving in a grocery wagon out from the yard of one Clinton in East Braintree to and upon the tracks of the defendant on Quincy Avenue under the circumstances stated in the opinion. Writ dated November 10, 1906. The case was tried before Qrosby, J. The material facts are stated in the opinion. At the close of the evidence the defendant, among other requests, asked for a ruling that upon all the evidence the plaintiff could not recover. The presiding judge refused to rule as requested, there was a verdict for the plaintiff; and the…
1Opinion of the CourtSheldon, J.
It is sufficiently manifest upon reading this bill of exceptions and looking at the photographs which are referred to therein that this accident occurred at a very dangerous crossing. The place was perfectly familiar to the plaintiff; he had driven his horse over the defendant’s tracks into and out of Clinton’s yard a great number of times, and was well aware of the danger that existed. It was his duty in coming out to and upon the defendant’s tracks on this occasion, to use his senses actively for his own protection. The due cafe which one is bound to exercise varies with the existing…
2Cases cited9 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Saltman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Tognazzi v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Walters v. DavisMassachusetts Supreme Judicial Court · 1921
- Smith v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Davis v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1920
5 more not listed; retrieve them via the Exa API.