Legal Opinion

Gray v. Batchelder

Massachusetts Supreme Judicial Court

Decided April 3, 1911PublishedCited by 11 opinions

Tort for personal injuries from being run into by the defendant’s automobile on Washington Street in Boston, as stated in the opinion. Writ dated October 5, 1908. In the Superior Court the case was tried before Sherman, J. The facts are stated in the opinion. At the close of the evidence the defendant asked the judge to order a verdict for the defendant. The judge refused to do so. The jury found for the plaintiff in the sum of $1,000; and the defendant alleged exceptions.

1Opinion of the CourtLoring, J.

The jury were warranted in finding that the circumstances of this accident were as follows : As the plaintiff was walking north on the west or left hand sidewalk of Washington Street, she came to a temporary fence blocking off the sidewalk entirely for some distance not stated. She found a *442two horse dray facing south, drawn up against that portion of the sidewalk which was thus blocked off. She started to go around the horses and the dray to reach the sidewalk beyond the blocked off portion as she saw other people doing. When she had reached a point “ just beyond the horses’ heads ” she heard…

2Cited by11 opinions

  1. Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
  2. Rizzittelli v. VestineMassachusetts Supreme Judicial Court · 1923
  3. Booth v. MeagherMassachusetts Supreme Judicial Court · 1916
  4. Griffin v. FeeneyMassachusetts Supreme Judicial Court · 1932
  5. Selibedea v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1916

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