Vincent v. Norton & Taunton Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS of TORT, one by Ozias, a minor son of Joseph Vincent, for personal injuries by being thrown from a baker’s wagon of his father, which was struck from behind by a car of the defendant, and the other by Joseph for damages to his horse and wagon.
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Two ACTIONS of TORT, one by Ozias, a minor son of Joseph Vincent, for personal injuries by being thrown from a baker’s wagon of his father, which was struck from behind by a car of the defendant, and the other by Joseph for damages to his horse and wagon. Writs dated January 19, 1899. At the trial in the Superior Court, before Sherman, J., at the close of the evidence, the defendant asked the judge to rule, that there was no evidence upon which the plaintiff in either case was entitled to a verdict; that there was no evidence of due care on the part of the plaintiff; that there was no…
1Opinion of the CourtHolmes, C. J.
These are actions for running down a wagon and throwing out and injuring one of the persons who were riding in it. The cases are here on exceptions to a refusal to take the cases from the jury. It is suggested that there was no evidence that the place where the accident happened was a public way. This suggestion plainly is a mere afterthought, and discredits the defendant’s whole case. We assume that tracks might be laid over private land belonging to the company so that it would be a trespass for others to drive upon them, Farnum v. Haverhill & Andover Street Railway, 178 Mass. 300, but of…
2Cases cited5 opinions
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- White v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Tashjian v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Le Blanc v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Farnum v. Haverhill & Andover Street Railway Co.Massachusetts Supreme Judicial Court · 1901
3Cited by46 opinions
- Washburn v. R. F. Owens Co.Massachusetts Supreme Judicial Court · 1925
- O'Connor v. United R.R. of S.F.California Supreme Court · 1914
- Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906
- Indianapolis Street Railway Co. v. SchmidtIndiana Court of Appeals · 1904
- Renshaw v. CountessCourt of Appeals of Texas · 1956
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