Savage v. Marlborough Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by a passenger in a car of the defendant for injuries from a collision of the car on which the plaintiff was a passenger with another car of the defendant. Writ dated August 20, 1902. At the trial in the Superior Court before Bishop, J., the jury returned a verdict for the plaintiff in the sum of $4,250; and the defendant alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtBarker, J.
At the trial it appeared that the plaintiff while a passenger and in the exercise of due care was hurt by a collision of two of the defendant’s cars moving in opposite directions on the same track. The case is here upon the defendant’s ex*204ceptions to the refusal of the judge to give three rulings and to the charge as a whole.
The first request was to the effect that if the collision was not due to negligence of the defendant the plaintiff could not recover. This request was covered in that portion of the charge in which the jury were told that the plaintiff started with the undertaking upon him…
2Cases cited6 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
- Leverone v. ArancioMassachusetts Supreme Judicial Court · 1901
- Henderson v. SyndicateMassachusetts Supreme Judicial Court · 1903
- D'Arcy v. MooshkinMassachusetts Supreme Judicial Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- O'Neil v. National Oil Co.Massachusetts Supreme Judicial Court · 1918
- Minihan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Reid v. MillerMassachusetts Supreme Judicial Court · 1910
- Magee v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
9 more not listed; retrieve them via the Exa API.