Birch v. Athol & Orange Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for damage to the automobile of the plaintiff caused by a collision with an electric street car of the defendant on East Main Street in Orange.
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Tort for damage to the automobile of the plaintiff caused by a collision with an electric street car of the defendant on East Main Street in Orange. Writ in the Superior Court of the county of Worcester dated November 21, 1906. There was a trial before Wait, J. Besides the facts stated in the opinion, the plaintiff’s evidence tended to show that there were no lights in the electric car, that the street where the accident happened was a fifty foot street, and that the distance from the curb to the nearer rail was thirteen and a half feet, that, before the accident, the plaintiff had started to…
1Opinion of the CourtSheldon, J.
If we assume that upon the evidence in this case the jury were warranted in finding negligence on the part of the defendant’s motorman, we are yet of opinion that a verdict ought to have been ordered for the defendant on the ground that the plaintiff’s own negligence contributed to the happening of the collision of which he complains.
The jury might", to be sure, have found that it was reasonably necessary for him, in order to turn his automobile around, to back it upon the defendant’s tracks; and he testified that before doing this he looked up the street to the rear to see if there was…
2Cases cited9 opinions
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hurley v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1902
- Saltman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Dunn v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kennedy v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Noonan v. P. M. Leavitt Co.Massachusetts Supreme Judicial Court · 1921
- Sullivan v. NapolitanoMassachusetts Supreme Judicial Court · 1931
- Finn v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Johnson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1925
2 more not listed; retrieve them via the Exa API.