Legal Opinion

Cormier v. Worcester Consolidated Street Railway Co.

Massachusetts Supreme Judicial Court

Decided November 28, 1919PublishedCited by 15 opinions

Tort for personal injuries alleged to have resulted from the fall of a trolley wire of the defendant, causing a current of electricity to come into contact with the clothing and person of the plaintiff and the igniting of a load of highly inflammable viscoloid on a truck, upon which the plaintiff was riding and which was owned by William F. O’Brien and operated by one of his employees.

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Tort for personal injuries alleged to have resulted from the fall of a trolley wire of the defendant, causing a current of electricity to come into contact with the clothing and person of the plaintiff and the igniting of a load of highly inflammable viscoloid on a truck, upon which the plaintiff was riding and which was owned by William F. O’Brien and operated by one of his employees. Writ dated August 20, 1917. In the Superior Court the action was tried before Sanderson, J. The material evidence as to negligence of the defendant or of O’Brien is described in the opinion. The statements in…

1Opinion of the CourtCarroll, J.

The plaintiff was injured while riding on an automobile truck owned by William F. O’Brien. The truck carried a load of highly inflammable vi^coloid waste and was proceeding along the defendant’s tracks on Lancaster Street, Leominster. The jury could have found on the facts presented that owing to the defendant’s negligence a defective trolley wire broke and fell on the truck, setting fire to it, injuring the plaintiff and burning her clothing. There was evidence that before the wire fell, a boy who had been smoking a pipe, jumped on the truck, and as he did so, knocked the pipe on the side of…

2Cases cited5 opinions

  1. Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
  2. Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
  3. Pickwick v. McCauliffMassachusetts Supreme Judicial Court · 1906
  4. Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
  5. Johnson v. Von ScholleyMassachusetts Supreme Judicial Court · 1914

3Cited by15 opinions

  1. Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
  2. Porter v. SorellMassachusetts Supreme Judicial Court · 1932
  3. Hawber v. RaleyCalifornia Court of Appeal · 1928
  4. Gold v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
  5. Fleming v. DaneMassachusetts Supreme Judicial Court · 1937

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