Carrington v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for causing the death of a bull of the plaintiff by negligently running it down with a street railway car owned and operated by the defendant on September 30, 1909, in the town of Charlton on a road between the villages of Charlton and South-bridge. Writ dated August 8, 1913. In the Superior Court the case was tried before Hall, J. At the close of the evidence the defendant asked the judge to make the rulings which are quoted in the opinion.
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Tort for causing the death of a bull of the plaintiff by negligently running it down with a street railway car owned and operated by the defendant on September 30, 1909, in the town of Charlton on a road between the villages of Charlton and South-bridge. Writ dated August 8, 1913. In the Superior Court the case was tried before Hall, J. At the close of the evidence the defendant asked the judge to make the rulings which are quoted in the opinion. The judge refused to make any of these rulings and submitted the case to the jury, who returned a verdict for the plaintiff in the sum of $38.19.’…
1Opinion of the CourtPierce, J.
By admission of facts and by not arguing to the contrary in his brief, the defendant in effect concedes that the jury were warranted in finding that the plaintiff was not negligent, that the defendant was negligent, and that the negligence solely caused the death of the bull; but, as the presiding judge instructed the jury that there was no evidence that the motorman was guilty of wantonly and recklessly running his car into the bull, it contends that the judge erred in refusing to rule: (1) That “Upon all the evidence the plaintiff cannot recover and the verdict must be for the defendant;”…
2Cases cited5 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Holden v. McGillicuddyMassachusetts Supreme Judicial Court · 1913
- Darling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
- Leonard v. DohertyMassachusetts Supreme Judicial Court · 1899
3Cited by13 opinions
- St. Louis, B. & M. Ry. Co. v. PriceTexas Commission of Appeals · 1925
- Saldi v. Brighton Stock Yard Co.Massachusetts Supreme Judicial Court · 1962
- Janusis v. LongMassachusetts Supreme Judicial Court · 1933
- Walker v. NickersonMassachusetts Supreme Judicial Court · 1935
- Texeira v. SundquistMassachusetts Supreme Judicial Court · 1934
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