Robbins v. Dartmouth & Westport Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on Sunday, June 7, 1908, while the plaintiff was riding a motor cycle, from being run into by an electric car of the defendant at the intersection of Cottage Street and Union Street, two public highways in the city of New Bedford. Writ dated August 13, 1908. In the Superior Court the case was tried before Hitchcock, J. The evidence is described in the opinion.
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Tort for personal injuries sustained by the plaintiff on Sunday, June 7, 1908, while the plaintiff was riding a motor cycle, from being run into by an electric car of the defendant at the intersection of Cottage Street and Union Street, two public highways in the city of New Bedford. Writ dated August 13, 1908. In the Superior Court the case was tried before Hitchcock, J. The evidence is described in the opinion. At the close of the evidence the defendant asked the judge to rule that upon all the evidence the plaintiff could not be found to have been in the exercise of due care, and could not…
1Opinion of the CourtLoring, J.
But one question of law was raised in this case, namely, were the jury warranted in finding that the plaintiff’s negligence was not a contributory cause of the accident?
The plaintiff was riding a motor cycle going north on Cottage *548Street in the city of New Bedford before sundown on a Sunday afternoon. Cottage Street crosses Union Street at right angles. Both streets are fifty feet in width including the sidewalks. There was a house on the southeast corner of the two streets, that is to say, on the plaintiff’s right side as he rode up Cottage Street, which obstructed his view to the east, the…
2Cited by7 opinions
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
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- Ferguson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Robinson v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Eustis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
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