Slattery v. Lawrence Ice Co.
Massachusetts Supreme Judicial Court
Tort, by a girl six years and eight months of age when injured, against an ice company, for injuries alleged to have been caused by the negligence of the defendant’s servant in so carelessly handling a cake of ice that it fell upon the plaintiff and broke her leg.
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Tort, by a girl six years and eight months of age when injured, against an ice company, for injuries alleged to have been caused by the negligence of the defendant’s servant in so carelessly handling a cake of ice that it fell upon the plaintiff and broke her leg. Writ dated March 10, 1908. At the trial in the Superior Court before Fox, J. it ap* peared that the plaintiff lived with her father and. her grandmother on Elm Street, in the city of Lawrence; that on August 2, 1902, after twelve o’clock dinner, the plaintiff went out to the street and remained there, playing with other children,…
1Opinion of the CourtBraley, J.
The plaintiff although a child of tender years had reached an age when she could be allowed to leave her home and go upon the public ways without negligence being conclusively imputed to her father or grandmother with whom she lived. McDermott v. Boston Elevated Railway, 184 Mass. 126, 128, and cases there cited. Young v. Small, 188 Mass. 4.
And the fact that with her companions she was engaged in play does not bar a recovery, however decisive such a circum*83stance might be in a suit against the municipality for injuries received by a defect in the street. O'Brien v. Hudner, 182 Mass. 381. Tighe…
2Cases cited9 opinions
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
- McNeil v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Dulligan v. Barber Asphalt Paving Co.Massachusetts Supreme Judicial Court · 1909
- Boni v. GoldsteinMassachusetts Supreme Judicial Court · 1931
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
17 more not listed; retrieve them via the Exa API.