Donovan v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort by a woman thirty-eight years old against a street railway company for injuries from being struck by an electric street car of the defendant on Chelsea Street near the corner of Call Street in that part of Boston called Charlestown.
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Tort by a woman thirty-eight years old against a street railway company for injuries from being struck by an electric street car of the defendant on Chelsea Street near the corner of Call Street in that part of Boston called Charlestown. Writ dated November 6,1899. In the Superior Court the case was tried before Sheldon, J., who, at the close of the plaintiff’s evidence, ruled at the request of the defendant that the plaintiff could not recover, and ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtMorton, J.
This is an action of tort to recover for personal injuries caused by the plaintiff’s being struck by one of the defendant’s cars as she was crossing Chelsea Street in *534Charlestown on the evening of July 8, 1899. At the close of the plaintiff’s evidence the judge ruled that she could not recover and directed a verdict for the defendant. The case is here on the plaintiff’s exceptions to this ruling and direction.
We think that the ruling was right, and that the plaintiff was not in the exercise of due Care. The accident happened at about eleven o’clock in the evening, and the plaintiff was struck…
2Cases cited3 opinions
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Hall v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1901
3Cited by17 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Helliesen v. Seattle Electric Co.Washington Supreme Court · 1909
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Gibb v. HardwickMassachusetts Supreme Judicial Court · 1922
- Halloran v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
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