Legal Opinion

Kupiec v. Warren, Brookfield & Spencer Street Railway Co.

Massachusetts Supreme Judicial Court

Decided November 26, 1907PublishedCited by 10 opinions

Tort for personal injuries, resulting in the amputation of a leg and a finger, from being run over by a car of the defendant on the night of October 28, 1905, at about ten minutes before eleven o’clock while the plaintiff was regaining consciousness after having been pushed and struck in the head by two men and left lying unconscious by t the side of the road between East Brookfield and West Warren.

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Tort for personal injuries, resulting in the amputation of a leg and a finger, from being run over by a car of the defendant on the night of October 28, 1905, at about ten minutes before eleven o’clock while the plaintiff was regaining consciousness after having been pushed and struck in the head by two men and left lying unconscious by t the side of the road between East Brookfield and West Warren. Writ dated May 17, 1906. At the trial in the Superior Court Graskill, J., at the close of the plaintiff’s evidence ordered a verdict for the defendant; and the plaintiff alleged exceptions. The…

1Opinion of the CourtRugg, J.

This is an action of tort, in which the plaintiff seeks damages for an injury received by him by being run into by a car of the defendant. The plaintiff testified, in substance, that he started from the village of West Warren at ten o’clock in the evening to walk to his boarding house, which was about fifteen minutes’ walk; that after having walked about five minutes he was pushed and struck by two men, and afterward became unconscious; that the next thing he remembered was thinking to get up and hearing the noise of the car, and when he opened his eyes he saw the car coming. It was then…

2Cited by10 opinions

  1. Bigwood v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  3. Dobrowolski v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1935
  4. Snow v. NickersonMassachusetts Supreme Judicial Court · 1939
  5. Dolan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1952

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