Quinn v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first by an infant girl for personal injuries sustained on April 5, 1909, from being struck by a service car of the defendant on Prospect Street in Cambridge, and the second by the father of the plaintiff in the first case for loss and expenses incurred by reason of her injuries. Writs dated July 31, 1909. In the Superior Court the cases were tried together before Morton, J. The jury took a view of the premises where the plaintiffs lived.
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Two actions of tort, the first by an infant girl for personal injuries sustained on April 5, 1909, from being struck by a service car of the defendant on Prospect Street in Cambridge, and the second by the father of the plaintiff in the first case for loss and expenses incurred by reason of her injuries. Writs dated July 31, 1909. In the Superior Court the cases were tried together before Morton, J. The jury took a view of the premises where the plaintiffs lived. It appeared that the accident happened at about four o’clock in the afternoon on Prospect Street between Summer Street and Gardner…
1Opinion of the CourtSheldon, J.
There was evidence of due care on the part of the mother of the infant plaintiff. She had taken precautions to keep the child in a safe place, in the yard of the house. It was for the jury to say whether these precautions were sufficient. With the other duties which were incumbent upon her, and with what could be found to be the practical impossibility of keeping the child under her eyes, it cannot be said as matter of law that she failed to exercise any other care which reasonably could be required of her. The case does not resemble Cotter v. Lynn & Boston Railroad, 180 Mass. 145. It is more…
2Cases cited6 opinions
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Grella v. Lewis Wharf Co.Massachusetts Supreme Judicial Court · 1912
- Hewitt v. Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Ingraham v. Boston & Norther Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Cotter v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
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3Cited by6 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Boni v. GoldsteinMassachusetts Supreme Judicial Court · 1931
- Pinto v. BrennanMassachusetts Supreme Judicial Court · 1926
- Noonan v. O'HearnMassachusetts Supreme Judicial Court · 1914
- Sughrue v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
1 more not listed; retrieve them via the Exa API.