Legal Opinion

Love v. Worcester Consolidated Street Railway Co.

Massachusetts Supreme Judicial Court

Decided November 26, 1912PublishedCited by 11 opinions

Tort against a street railway company for personal injuries sustained by the plaintiff on July 10, 1910, from being run into by a car of the defendant on Main Street, a highway in Worcester, when the plaintiff was operating an automobile of which he was the owner.

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Tort against a street railway company for personal injuries sustained by the plaintiff on July 10, 1910, from being run into by a car of the defendant on Main Street, a highway in Worcester, when the plaintiff was operating an automobile of which he was the owner. The declaration alleged that the street railway car was operated negligently and carelessly by the agents or servants of the defendant and that the plaintiff’s injuries were caused by the negligence of the defendant. Writ dated March 16, 1911. At the trial in the Superior Court before Lawton, J., there was evidence of the…

1Opinion of the CourtHammond, J.

At the time of the accident the automobile was not registered in the name of its owner. It was therefore unlawfully upon the highway, and the defendant owed to the plaintiff no other duty than that of abstaining from injuring hita by wantonness or recklessness. The case is fully covered by Dudley v. Northampton Street Railway, 202 Mass. 443, and Chase v. New York Central & Hudson River Railroad, 208 Mass. 137.

Judgment for the defendant.

2Cases cited2 opinions

  1. Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
  2. Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911

3Cited by11 opinions

  1. Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  2. Potter v. GilmoreMassachusetts Supreme Judicial Court · 1933
  3. Holden v. McGillicuddyMassachusetts Supreme Judicial Court · 1913
  4. Holland v. City of BostonMassachusetts Supreme Judicial Court · 1913
  5. Cobb v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1918

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