Keith v. Worcester & Blackstone Valley Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE TORT for personal injuries received by the plaintiff’s intestate caused by her falling when stepping across street railway rails which were piled by the defendant street railway company on the highway next to the curbing, and were allowed by the street railway company and the defendant town to remain there, and which, it was alleged, constituted an obstruction of the highway.
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Two ACTIONS OE TORT for personal injuries received by the plaintiff’s intestate caused by her falling when stepping across street railway rails which were piled by the defendant street railway company on the highway next to the curbing, and were allowed by the street railway company and the defendant town to remain there, and which, it was alleged, constituted an obstruction of the highway. Writs in the Superior Court for the county of Worcester dated May 26, 1903. At the trial, which was before Wait, J., it appeared that plaintiff's intestate, her husband and her sister were in a store…
1Opinion of the CourtRugg, J.
The evidence of due care on the part of the plaintiff’s intestate is inconsiderable, but not so slight as to warrant the court in pronouncing it insufficient as matter of law. Although the accident occurred in daylight and the obstruction could have been seen, if the traveller had looked, such circumstances are not necessarily decisive. Fuller v. Hyde Park, 162 Mass. 51. Her husband had run out of a store in the effort to stop an electric car, which both, together with a companion, desired to board and were hastening to reach. These occurrences may have diverted her attention from the surface…
2Cases cited12 opinions
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Lamb v. City of WorcesterMassachusetts Supreme Judicial Court · 1900
- Hall v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Hilborn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Woods v. City of BostonMassachusetts Supreme Judicial Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Memorial Hospital of South Bend, Inc. v. ScottIndiana Supreme Court · 1973
- Commonwealth v. HorsfallMassachusetts Supreme Judicial Court · 1913
- Weinstein v. WheelerOregon Supreme Court · 1930
- Otterbeck v. LambNevada Supreme Court · 1969
- Poyner v. LoftusDistrict of Columbia Court of Appeals · 1997
29 more not listed; retrieve them via the Exa API.