Legal Opinion

Dix v. Old Colony Street Railway Co.

Massachusetts Supreme Judicial Court

Decided June 22, 1909PublishedCited by 5 opinions

Tort for personal injuries sustained, by the plaintiff on the evening of October 3,1902, when riding a bicycle on the portion of the highway between the rails of the defendant’s single track on the easterly side of Bussey Street in the town of Dedham, as described in the opinion.

Read the full summary

Tort for personal injuries sustained, by the plaintiff on the evening of October 3,1902, when riding a bicycle on the portion of the highway between the rails of the defendant’s single track on the easterly side of Bussey Street in the town of Dedham, as described in the opinion. Writ dated December 4, 1902. In the Superior Court the case was tried before Fox, J. The plaintiff also brought an action against the contractors, who dug the trench into which he fell, and the two cases were tried together. The first count of the plaintiff’s declaration against the defendant railway company alleged…

1Opinion of the CourtLoring, J.

The plaintiff, between 8.30 and 9 o’clock on a dark night in October, was riding a bicycle on Bussey Street in Dedham, down grade, toward East Dedham. As he came over the brow of a hill about six hundred feet away from Tracy Square he saw a car ahead of him, stopped in the Square. Tracy Square is formed by the junction of Bussey Street and Colburn Street, which run at right angles to each other. At this time he turned on to the defendant’s track which lies on the left hand side of Bussey Street going south, as he was going. He testified that he did this because it was better riding on the…

2Cases cited9 opinions

  1. Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
  2. Galvin v. BealsMassachusetts Supreme Judicial Court · 1905
  3. Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
  4. Prentiss v. City of BostonMassachusetts Supreme Judicial Court · 1873
  5. Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
  2. Thomas v. LaneMassachusetts Supreme Judicial Court · 1915
  3. Buldra v. HeninMassachusetts Supreme Judicial Court · 1912
  4. O'Neil v. City of ChelseaMassachusetts Supreme Judicial Court · 1911
  5. Kersey v. Asphalt Paving, Inc., Circuit Court of the 4th Judicial Circuit of Florida, Duval County1959

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API