Driscoll v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by the driver of a four horse caravan for personal injuries sustained by reason of being thrown from his seat to the ground by being run into by a street railway car of the defendant on Commercial Street in Boston on September 17, 1913. Writ dated October 23, 1913. In the Superior Court the case was tried before Lawton, J. At the close of the plaintiff’s evidence, which is described in the opinion and a footnote, the judge ordered a verdict for the defendant; and the…
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Tort by the driver of a four horse caravan for personal injuries sustained by reason of being thrown from his seat to the ground by being run into by a street railway car of the defendant on Commercial Street in Boston on September 17, 1913. Writ dated October 23, 1913. In the Superior Court the case was tried before Lawton, J. At the close of the plaintiff’s evidence, which is described in the opinion and a footnote, the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtRugg, C. J.
The material testimony is not in dispute. The plaintiff drove a long wagon called a caravan, drawn by four heavy horses, two on the pole and "two leaders,” from a comparatively narrow private way, called Union Wharf, straight out into Commercial Street in Boston, intending to cross the street and turn to the left. As he drove sitting on the right of the seat, his view was obstructed to his left until he passed a building. His “leaders” were on the car tracks of the defendant before the plaintiff could see anything in that direction. The distance from the noses of the .leader horses to the…
2Cases cited12 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Moran v. DickinsonMassachusetts Supreme Judicial Court · 1910
- Lawrence v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Todd v. Traders & Mechanics InsuranceMassachusetts Supreme Judicial Court · 1918
- Walters v. DavisMassachusetts Supreme Judicial Court · 1921
- Neil v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1952
- Foote v. E. P. Broderick Haulage Co., Inc.Supreme Court of Connecticut · 1937
- Bombard v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1919
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