Sibley v. Nason
Massachusetts Supreme Judicial Court
Tout, originally brought against two defendants, George W. Nason and George E. McLellan, for personal injuries incurred on July 11, 1902, while the plaintiff was about to enter a street car on Congress Street in Boston, by reason of the negligence of the driver of a pair of horses attached to a dray who was alleged to have been a servant of the defendants.
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Tout, originally brought against two defendants, George W. Nason and George E. McLellan, for personal injuries incurred on July 11, 1902, while the plaintiff was about to enter a street car on Congress Street in Boston, by reason of the negligence of the driver of a pair of horses attached to a dray who was alleged to have been a servant of the defendants. Writ dated August 9, 1902. Later the plaintiff discontinued the action against the defendant McLellan but not as to the defendant Nason. In the Superior Court the case was tried before Sherman, J. The findings justified by the evidence and…
1Opinion of the CourtRugg, J.
Four contentions have been argued in behalf of the defendant. His other exceptions are treated as waived.
I. It is urged that there was not sufficient evidence to warrant a finding of due care on the part of the plaintiff. He had boarded an electric street car at a crowded corner and was standing, momentarily, with both feet upon the running board, looking for a seat and on the point of stepping within the car.
He crossed the street about ten feet in front of the approaching dray of the defendant drawn by two horses, which were walking, and paid no attention to it after reaching the running…
2Cases cited23 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Perkins v. RiceMassachusetts Supreme Judicial Court · 1904
- McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
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- Marks v. Hardware Dealers Mutual Fire Insurance Co.Missouri Court of Appeals · 1967
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