Dooley v. Greenfield & Turners Falls Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for the death of the plaintiff’s intestate from being run into by a car of the defendant in the southerly part of Greenfield, known as Cheapside, upon the highway leading from Greenfield to Deerfield. Writ dated October 10, 1900. In the Superior Court the case was tried before Holmes, J., who ruled that upon all the evidence the plaintiff was not entitled to recover and ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtBarker, J.
The plaintiff’s intestate was run over and dragged along the ground for some distance by one of the defendant’s street cars on September 12,1900, and was dead when picked up. The action was for negligently causing his death. The motorman of the car and three passengers testified that the deceased was lying on the track between the rails when first seen by them and that he lay motionless until struck and dragged by the car, almost instantly after he first became visible to them, and there was no evidence to contradict this testimony.
*205The evidence which the plaintiff contends should have been…
2Cases cited2 opinions
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
- Brooks v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1897
3Cited by5 opinions
- Finnick v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Gorham v. Milford, Attleborough & Woonsocket Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Adams v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Marquis v. MessierMassachusetts District Court, Appellate Division · 1937
- Westcott v. DoyleMassachusetts District Court, Appellate Division · 1937