Stubbs v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being thrown from the seat of a heavy covered wagon by a collision with a car of the defendant after dark on the afternoon of January 19,1903, at about twenty minutes past five o’clock, as the plaintiff was driving across a single track railway of the defendant on Main Street in that part of Haverhill called Bradford.
Read the full summary
Tort for personal injuries from being thrown from the seat of a heavy covered wagon by a collision with a car of the defendant after dark on the afternoon of January 19,1903, at about twenty minutes past five o’clock, as the plaintiff was driving across a single track railway of the defendant on Main Street in that part of Haverhill called Bradford. Writ dated April 29, 1908. In the Superior Court the case was tried before Fox, J. At the close of the evidence the defendant asked the judge to instruct the jury as follows: 1. Upon all the evidence the plaintiff is not entitled to . recover. 2.…
1Opinion of the CourtBraley, J.
The defendant’s first request was rightly refused. *515In the common use of the highway the parties were under the reciprocal obligation to exercise due care, and the entire width of the way, including the portion occupied by the defendant’s track, so far as it had been wrought for public travel, was lawfully open to the use of the plaintiff. O'Brien v. Blue Hill Street Railway, 186 Mass. 446.
At the time of the accident the plaintiff was driving a heavy wagon, which was covered in such a manner that the top with the projecting sides formed a hood inside and immediately back of which was the…
2Cases cited19 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Chaput v. Haverhill, Georgetown & Danvers Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Le Baron v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
3 more not listed; retrieve them via the Exa API.