Hatch v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries and damage to the plaintiff’s horse and buggy incurred in a collision upon Broadway in Chelsea between an electric street car of the defendant and the plaintiff’s buggy, which was alleged to have been caused by negligence of the defendant’s motorman. Writ dated September 5, 1907. The case was tried before Bishop, J. The facts are stated in the opinion.
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Tort for personal injuries and damage to the plaintiff’s horse and buggy incurred in a collision upon Broadway in Chelsea between an electric street car of the defendant and the plaintiff’s buggy, which was alleged to have been caused by negligence of the defendant’s motorman. Writ dated September 5, 1907. The case was tried before Bishop, J. The facts are stated in the opinion. At the close of the plaintiff’s evidence the defendant asked for a ruling that a verdict in its favor be ordered. The presiding judge refused to rule as requested and, the defendant having rested, after argument by…
1Opinion of the CourtMorton, J.
The defendant does not contend that there was no evidence warranting a finding that the car which struck and injured the plaintiff was not operated by it. Its contentions are that the plaintiff was not in the exercise of due care, and that the motorman was not negligent.
The street was fifty or sixty feet wide, running northerly and southerly, and with double tracks in the middle. The plaintiff had drawn up to the curbing on the westerly side in order to allow his sister to alight. The flap in the back part of the buggy was rolled up and the plaintiff had an unobstructed view from the back of…
2Cases cited5 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Byrne v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Le Baron v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Fallon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Wood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
3Cited by14 opinions
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Fitzpatrick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Keating v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
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