Shea v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff at half past six o’clock on the evening of March 9, 1911, when travelling on the cross walk that crosses Cambridge Street in Boston at its intersection with Bowdoin Street, from being knocked down by a street railway car alleged to have been operated negligently by the defendant’s servants.
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Tort for personal injuries sustained by the plaintiff at half past six o’clock on the evening of March 9, 1911, when travelling on the cross walk that crosses Cambridge Street in Boston at its intersection with Bowdoin Street, from being knocked down by a street railway car alleged to have been operated negligently by the defendant’s servants. Writ dated March 20, 1911. In the Superior Court the case was tried before Sherman, J., (retired,) who at the request of the Chief Justice of that court under St. 1911, c. 527, held one of the civil sessions of the court during the month of April, 1913.…
1Opinion of the CourtBraley, J.
The jury upon conflicting evidence could find, that the plaintiff, a pedestrian, was injured while on the cross walk, and, the defendant not having contended that there was no •evidence of its negligence, the questions for decision are whether as matter of law the plaintiff was careless and whether there was error in the admission of evidence. The testimony warranted a finding, that as the plaintiff stood on the sidewalk in the early evening of a hazy or misty night intending to pass over the cross walk, a “long two horse team” came by going in the direction from which the car subsequently…
2Cases cited13 opinions
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Kerr v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Nelson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Rogers v. PhillipsMassachusetts Supreme Judicial Court · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnston v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Bishop v. PastorelliMassachusetts Supreme Judicial Court · 1921
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Scherer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
5 more not listed; retrieve them via the Exa API.