Driscoll v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the collision of a train of two electric cars, belonging to the defendant with a team driven by the plaintiff. Trial in the Superior Court before Hopkins, J., who allowed a bill of exceptions, in substance as follows. On December 11,1890, the plaintiff was in the employ of Wellington and Company as a teamster, and had been employed as a teamster in and about Boston for twenty-three years.
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Tort, for personal injuries occasioned to the plaintiff by the collision of a train of two electric cars, belonging to the defendant with a team driven by the plaintiff. Trial in the Superior Court before Hopkins, J., who allowed a bill of exceptions, in substance as follows. On December 11,1890, the plaintiff was in the employ of Wellington and Company as a teamster, and had been employed as a teamster in and about Boston for twenty-three years. On that day he was driving a two-horse team, the horses being driven abreast in a four-wheeled wagon weighing without a load thirty-eight hundred…
1Opinion of the CourtField, C. J.
Street railway companies are not subject to the provisions of Pub. Sts. c. 93. By Pub. Sts. c. 113, § 37, whoever maliciously delays or obstructs the passing of the cars on the tracks of such a company is to be punished; and by § 38 the company is to be punished if it wilfully or negligently obstructs the passing of carriages over a street or highway. Street railway companies, under the decision of Commonwealth v. Temple, 14 Gray, 69, in running their .cars, have certain rights in the streets different from those which belong to the drivers of ordinary vehicles, but none of these rights is…
2Cases cited5 opinions
- O'Neil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1891
- Wrinn v. JonesMassachusetts Supreme Judicial Court · 1873
- Norris v. SaxtonMassachusetts Supreme Judicial Court · 1893
- Schienfeldt v. NorrisMassachusetts Supreme Judicial Court · 1874
- Kerrigan v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
3Cited by28 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
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