Whipple v. Rich
Massachusetts Supreme Judicial Court
Tort for injuries from being struck by the open tailboard of a heavy wagon or dray of the defendant Rich, thrown against the plaintiff by a collision with an electric car of the defendant railway company. Writ dated May 23, 1898. At the trial in the Superier Court, before Sheldon, J., the jury returned a verdict for the defendant Rich, and a verdict against the defendant railway company in the sum of $9,416.(36; and the defendant railway company alleged exceptions.
1Opinion of the CourtHolmes, C. J.
This is an action of tort, for personal injuries caused by being struck and thrown down by the end of a dray owned by the defendant Rich, in consequence of a collision between the dray and a car of the defendant railway company. The plaintiff alleged the negligence of both defendants. The trial resulted in a verdict against the railway company, and the case is here on the company’s exceptions.
1. A witness described the accident, and testified that there was nothing to obstruct the view of either the driver of the dray or the motorman of the car. On cross-examination the defendant Rich was…
2Cases cited16 opinions
- Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Central Railroad v. SennSupreme Court of Georgia · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Green v. RichmondMassachusetts Supreme Judicial Court · 1975
- Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
43 more not listed; retrieve them via the Exa API.