Kelly v. Wakefield & Stoneham Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries caused by the plaintiff, who was driving in an open grocery wagon from Richardson Street into Main Street in Wakefield, being run into by an electric car of the defendant running at a high rate of speed southerly along Main Street across the end of Richardson Street.
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Tort for injuries caused by the plaintiff, who was driving in an open grocery wagon from Richardson Street into Main Street in Wakefield, being run into by an electric car of the defendant running at a high rate of speed southerly along Main Street across the end of Richardson Street. Writ dated March 15, 1898. At the first trial of this case before Hardy, J., the plaintiff got a verdict, and the defendant’s exceptions were sustained by this court in a decision reported in 175 Mass. 331. At the new •trial in the Superior Court, before Gashill, J., the evidence differed in various ways from…
1Opinion of the CourtLobing, J.
The only question argued in this case is whether there was evidence that the plaintiff was in the exercise of due care.
The plaintiff made out the following case: When he got just past the flagman’s house, he looked to the north towards the armory and then to the south in the other direction to see whether a car was coming, and saw none. At this point he had a clear view of the track from the corner of Main and Richardson Streets for three hundred to three hundred and fifty feet north towards the armory. Seeing no car coming, he drove on. The flagman’s house is eighty feet from the tracks of…
2Cases cited3 opinions
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Tilton v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1897
3Cited by12 opinions
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Donovan v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Halloran v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910
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