Legal Opinion

Swetzoff v. O'Brien

Massachusetts Supreme Judicial Court

Decided April 6, 1917PublishedCited by 11 opinions

Tort by a minor, by his next friend, for personal injuries sustained by the plaintiff on August 21, 1912, when he was about fifteen years of age, by coming into collision with a motor car driven by a servant of the defendants on Columbia Road at or near its intersection with Devon Street in the part of Boston called Dorchester. Writ dated November 7, 1912. In the Superior Court the case was tried before Raymond, J. The evidence is described in the opinion.

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Tort by a minor, by his next friend, for personal injuries sustained by the plaintiff on August 21, 1912, when he was about fifteen years of age, by coming into collision with a motor car driven by a servant of the defendants on Columbia Road at or near its intersection with Devon Street in the part of Boston called Dorchester. Writ dated November 7, 1912. In the Superior Court the case was tried before Raymond, J. The evidence is described in the opinion. At the close of the evidence the defendants asked the judge to make the following rulings: “1. On all the evidence the plaintiff is not…

1Opinion of the CourtCarroll, J.

On August 21, 1912, the plaintiff was struck by a motor car owned by one O’Brien and driven by Kulda, an employee of the defendants, at the intersection of Columbia Road and Devon Street in Dorchester. The plaintiff was then about fifteen years of age. At the time of the accident and for half an hour previously, he, with four other children, was playing “puss in the corner.” Trees on the side of the street were used as goals. One of the trees was at the southwesterly corner of Devon Street and Columbia Road, another was directly opposite on the “grass plot occupied by the rails of the…

2Cases cited5 opinions

  1. Mills v. PowersMassachusetts Supreme Judicial Court · 1913
  2. Kyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
  3. Russo v. Charles S. Brown Co.Massachusetts Supreme Judicial Court · 1908
  4. Gleason v. SmithMassachusetts Supreme Judicial Court · 1901
  5. Godfrey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913

3Cited by11 opinions

  1. Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
  2. Webb-Pepploe v. CooperCourt of Appeals of Maryland · 1930
  3. Hennessey v. MoynihanMassachusetts Supreme Judicial Court · 1930
  4. Boni v. GoldsteinMassachusetts Supreme Judicial Court · 1931
  5. Lesage v. Largey Lumber Co.Montana Supreme Court · 1935

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