Hull v. Berkshire Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained when the plaintiff was travelling in an automobile along the highway from Williamstown to Bennington and his automobile was struck by a trolley pole which broke from a passing street railway car of the defendant. Writ dated September 17, 1912. In the Superior Court the case was tried before Crosby, J. The material facts which the evidence tended to show are stated in the opinion.
Read the full summary
Tort for personal injuries alleged to have been sustained when the plaintiff was travelling in an automobile along the highway from Williamstown to Bennington and his automobile was struck by a trolley pole which broke from a passing street railway car of the defendant. Writ dated September 17, 1912. In the Superior Court the case was tried before Crosby, J. The material facts which the evidence tended to show are stated in the opinion. At the close of the evidence the defendant asked for the following rulings: “ 1. Upon all the evidence the plaintiff is not entitled to recover. “ 2. The fall…
1Opinion of the CourtDe Courcy, J.
The accident happened on the highway that runs northerly from Williamstown to Bennington; and the single track of the defendant is located on the westerly side of the way. There was evidence from which the jury could find the following facts: The electric car, which was coming in a southerly direction and down grade, was running at a speed of from forty to fifty miles an hour and was swaying from side to side; and the plaintiff, in his automobile, was going in a northerly direction and exercising reasonable care. The trolley wheel left the wire when the electric car was about four hundred…
2Cases cited4 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Uggla v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Steverman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Craft v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by9 opinions
- Lonergan v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1924
- Connor v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1922
- Weiss v. Republic Pipe & Supply Corp.Massachusetts Supreme Judicial Court · 1957
- Moore v. Grand Trunk Railway Co.Supreme Court of Vermont · 1919
- Stewart v. Barre & Montpelier Power & Traction Co.Supreme Court of Vermont · 1920
4 more not listed; retrieve them via the Exa API.