Murphy v. Armstrong Transfer Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, in colliding with the horses attached to a hack and driven by the defendant’s servant.
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Tort, for personal injuries occasioned to the plaintiff, in colliding with the horses attached to a hack and driven by the defendant’s servant. At the trial in the Superior Court, before Blodgett, J„ after the evidence was all in, the defendant requested the judge to rule as follows: “1. Upon all the evidence in the case, the plain- tiff is not entitled to recover. 2. There is no evidence in the case that the plaintiff was herself in the exercise of due care. 3. There is no evidence in the case that the plaintiff’s injuries were due to the negligence of the defendant, or of any agent or…
1Opinion of the CourtKnowlton, J.
In this ease the evidence of negligence on the part of the defendant’s driver is inconsiderable, and the *200evidence of due care on the part of the plaintiff is still less. From the printed report of the evidence in the bill of exceptions, it seems probable that the negligence of the plaintiff contributed more largely to the accident than negligence of the defendant’s servant; but we cannot say, as matter of law, that there was no evidence that the driver was negligent. He testified that he did not see the plaintiff until the collision occurred. He was driving a hack drawn by two1 horses, at a…
2Cases cited7 opinions
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Shapleigh v. WymanMassachusetts Supreme Judicial Court · 1883
- Williams v. GrealyMassachusetts Supreme Judicial Court · 1873
- Bowser v. WellingtonMassachusetts Supreme Judicial Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Bouma v. DuboisMichigan Supreme Court · 1912
- Stallman v. SheaSupreme Court of Minnesota · 1906
- Oddy v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
15 more not listed; retrieve them via the Exa API.