Holian v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, by a girl ten years and four months old when injured, for personal injuries from being struck and knocked down by an electric car of the defendant while attempting to cross Cambridge Street at its junction with Columbia Street and Webster Avenue in Cambridge at five o’clock in the afternoon of May 2, 1900. Writ dated May 17,1900. At the trial in the Superior Court before Eox, J. the facts appeared which are stated in the opinion, and it also appeared that the plaintiff…
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Tort, by a girl ten years and four months old when injured, for personal injuries from being struck and knocked down by an electric car of the defendant while attempting to cross Cambridge Street at its junction with Columbia Street and Webster Avenue in Cambridge at five o’clock in the afternoon of May 2, 1900. Writ dated May 17,1900. At the trial in the Superior Court before Eox, J. the facts appeared which are stated in the opinion, and it also appeared that the plaintiff since she was three years old had lived in Cambridge on Columbia Street, a few doors from Cambridge Street, along which…
1Opinion of the CourtSheldon, J.
This is a close case upon the question whether the plaintiff was in the exercise of that degree of care which could properly be expected of a child of her years; but we are of opinion that the verdict for the defendant was ordered rightly.
The evidence showed "that the plaintiff, just before stepping off the curbstone into the roadway, looked up the track and saw the defendant’s car approaching. It was then about eighty feet distant from her. She walked across the street so as to pass in front of the car, which was in plain sight all the time, with nothing whatever to prevent her from seeing…
2Cases cited9 opinions
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- O'Connor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- Morey v. Gloucester Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Murphy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
- Fitzpatrick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
19 more not listed; retrieve them via the Exa API.