Donahue v. Massachusetts Northeastern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, a boy ten years of age, when he was run into by an electric street car of the defendant. Writ dated July 9, 1913. In the Superior Court the case was tried before Raymond, J. At the close of the plaintiff’s evidence, the material portions of which are described in the opinion, the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtPierce, J.
Stating the testimony in its aspect most favorable to the plaintiff’s contention, the evidence warranted the jury in finding that the defendant maintained a street railway which ran from Newburyport Square along Merrimack Street in Newburyport to Amesbury Square, the running time between the two places being thirty minutes; that between Olive Street and Merrill Street (between which points the accident happened) the near rail of the defendant’s track was about three and eight tenths feet from the curbing of the sidewalk; that the car which struck the plaintiff was about fifteen minutes late;…
2Cited by11 opinions
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Rizzittelli v. VestineMassachusetts Supreme Judicial Court · 1923
- Lovett v. ScottMassachusetts Supreme Judicial Court · 1919
- Borland v. LenzSupreme Court of Iowa · 1923
- Pettijohn v. WeedeSupreme Court of Iowa · 1929
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