Clayton v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries and the second for damage to a motor car resulting from a collision of the motor car, when being driven by the plaintiff in the first action, with an electric street car of the defendant at about nine o’clock at night on December 17, 1915, at the intersection of Hampden Street and Pine Street in Holyoke.
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Two actions of tort, the first for personal injuries and the second for damage to a motor car resulting from a collision of the motor car, when being driven by the plaintiff in the first action, with an electric street car of the defendant at about nine o’clock at night on December 17, 1915, at the intersection of Hampden Street and Pine Street in Holyoke. Writs dated April 21 and July 2, 1917. In the Superior Court the actions were tried together before Irwin, J. The material evidence and exceptions saved by the defendant are described in the opinion. The portion of the charge of the judge,…
1Opinion of the CourtDe Courcy, J.
These two actions, tried together, are for personal injuries and property damage growing out of a collision between an electric car and an automobile, at the intersection of Hampden and Pine streets in Holyoke.
The first exception is to the judge’s denial of the defendant’s motion for a directed verdict. There was ample evidence of the motorman’s negligence. It could be found that the electric car, with a dim headlight, was proceeding easterly on Hampden Street; that when it approached Pine Street, in a thickly settled district, it was running at from forty to fifty miles an hour, and that no…
2Cases cited5 opinions
- Hartnett v. TrippMassachusetts Supreme Judicial Court · 1918
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Halloran v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Gagnon v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Robinson v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by6 opinions
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Panagotopulos's CaseMassachusetts Supreme Judicial Court · 1931
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Gaglione's CaseMassachusetts Supreme Judicial Court · 1922
- Whalen v. City of BostonMassachusetts Supreme Judicial Court · 1939
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