Purtell v. Jordan
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being struck and injured by a horse and cart of the defendants. At the trial in the Superior Court, before Fessenden, J., there was evidence tending to show that at about five o’clock on the afternoon of December 5, 1890, the plaintiff attempted to cross Harrison Avenue, in Boston, close to a loaded team called a “ jigger,” and was struck by another team coming from behind the former on the other side.
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Tort, for personal injuries occasioned to the plaintiff by being struck and injured by a horse and cart of the defendants. At the trial in the Superior Court, before Fessenden, J., there was evidence tending to show that at about five o’clock on the afternoon of December 5, 1890, the plaintiff attempted to cross Harrison Avenue, in Boston, close to a loaded team called a “ jigger,” and was struck by another team coming from behind the former on the other side. The plaintiff testified: “As I came to the corner,.just about got to the crossing to turn the corner of Oak Street to go down toward…
1Opinion of the CourtKnowlton, J.
There was evidence from which the jury might have found that the injury to the plaintiff was caused by the negligence of the defendants’ servant in driving too fast, when, by reason of the gathering darkness and the close proximity of the high loaded team, he was unable to see whether any one was on the crossing about to pass immediately before him. The jury might also have found that the plaintiff was using such care as persons of ordinary prudence are accus*577tamed to exercise under like circumstances. The court rightly refused to order a verdict for the defendants.
The defendants requested the…
2Cases cited2 opinions
- Shapleigh v. WymanMassachusetts Supreme Judicial Court · 1883
- Bowser v. WellingtonMassachusetts Supreme Judicial Court · 1879
3Cited by10 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Hillebrant v. ManzWashington Supreme Court · 1912
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
- Pillet v. ErshickSupreme Court of Florida · 1930
- Rogers v. PhillipsMassachusetts Supreme Judicial Court · 1910
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