Salisbury v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries resulting from a collision of an electric street car of the defendant with a motor vehicle in which the plaintiff was riding beside the driver, the plaintiff and the driver having the same employer. Writ dated July 23, 1917. In the Superior Court the action was tried before Fessenden, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied.
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Tort for personal injuries resulting from a collision of an electric street car of the defendant with a motor vehicle in which the plaintiff was riding beside the driver, the plaintiff and the driver having the same employer. Writ dated July 23, 1917. In the Superior Court the action was tried before Fessenden, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found, in answer to a special question, that Murray, the driver of the motor vehicle in which the plaintiff was…
1Opinion of the CourtDe Courcy, J.
Speaking generally, when collisions occur at intersecting streets [between trolley cars and automobiles or horse drawn vehicles, the issues of the negligence of the motorman and of the driver present questions of fact for the jury. Foster v. Boston Elevated Railway, 214 Mass. 61, 63, and cases cited. Scanlon v. Berkshire Street Railway, 215 Mass. 554. Gaffney v. Bay State Street Railway, 221 Mass. 457. Davis v. Worcester Consoli*432dated Street Railway, 234 Mass. 297. Clayton v. Holyoke Street Railway, 236 Mass. 359. The facts, as the jury could find them, bring this case within the general rule.…
2Cases cited13 opinions
- Griffin v. HustisMassachusetts Supreme Judicial Court · 1919
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
- Hatch v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- O'Toole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Thibeault v. PooleMassachusetts Supreme Judicial Court · 1933
- Fournier v. ZinnMassachusetts Supreme Judicial Court · 1926
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Clay v. Pope & Cottle Co.Massachusetts Supreme Judicial Court · 1930
- Zawacki v. FinnMassachusetts Supreme Judicial Court · 1940
12 more not listed; retrieve them via the Exa API.