Coleman v. Lowell, Lawrence & Haverhill Street Railway Co.
Massachusetts Supreme Judicial Court
Tort against a street railway company for injuries from the collision of a car of the defendant with a covered wagon in which the plaintiff was driving on Central Street in Lowell. Writ dated May 14, 1901. At the trial in the Superior Court before Gashill, J., it appeared, that the accident occurred on March 12, 1901. The plaintiff was in the grocery business, and was driving home on the night of the accident, at about six o’clock in the evening, in a covered grocery wagon.
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Tort against a street railway company for injuries from the collision of a car of the defendant with a covered wagon in which the plaintiff was driving on Central Street in Lowell. Writ dated May 14, 1901. At the trial in the Superior Court before Gashill, J., it appeared, that the accident occurred on March 12, 1901. The plaintiff was in the grocery business, and was driving home on the night of the accident, at about six o’clock in the evening, in a covered grocery wagon. It was then daylight. He testified, that he drove up the westerly side of Central Street and continued on the westerly…
1Opinion of the CourtBarker, J.
The only contention now made in support of the bill of exceptions is that the plaintiff was not in the exercise of due care. He testified without objection that he judged the car to be a safe distance away. There was conflicting evidence as to the distance of the car from the team when the plaintiff attempted to cross the track, and also as to the speed of the car. In our opinion the question whether the plaintiff was in the exercise of due care was for the jury.
Exceptions overruled.
2Cited by9 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Butler v. Rockland, Thomaston & Camden Street RailwaySupreme Judicial Court of Maine · 1904
- Bouma v. DuboisMichigan Supreme Court · 1912
- McCrohan v. DavisonMassachusetts Supreme Judicial Court · 1905
- Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910
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