Tupper v. Union Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the second being for personal injuries received when a motor car, in which the plaintiff was riding with her husband who owned and was operating it, ran into a team upon the highway because he became blinded by a glaring headlight upon an approaching electric street car of the defendant, alleged to have been negligently operated. The first action was by the husband for consequential damages and damage to . the motor car.
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Two actions of tort, the second being for personal injuries received when a motor car, in which the plaintiff was riding with her husband who owned and was operating it, ran into a team upon the highway because he became blinded by a glaring headlight upon an approaching electric street car of the defendant, alleged to have been negligently operated. The first action was by the husband for consequential damages and damage to . the motor car. Writs dated January 9, 1915. ■ In the Superior Court, the actions were tried together'.before J. F. Brown, J. Material evidence is described in the…
1Opinion of the CourtCarroll, J.
The plaintiffs, husband and wife, were riding in an automobile on a dark night, going easterly on the highway leading from Fall River to New Bedford. There was evidence that the driver of the automobile, John D. Tupper, was so blinded by the rays of an electric searchlight on one of the defendant’s *487cars, that he ran into an unlighted team on the highway going in the same direction. His automobile was damaged and the female plaintiff was injured.
The negligence relied on was that the motorman failed to shut off or dim the searchlight as the car approached the plaintiffs going in an opposite…
2Cases cited3 opinions
- Spoatea v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Daigneau v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Hansen v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1915
3Cited by3 opinions
- Keefe v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1928
- Nordstrom v. Connecticut Co.Pennsylvania Court of Common Pleas · 1935
- Nordstrom v. the Connecticut CompanyConnecticut Superior Court · 1935