Rogers v. Phillips
Massachusetts Supreme Judicial Court
. Four actions of tort, two at common law for injuries and . consequent conscious suffering, and two under R. L. c. 171, § 2, for causing death, brought by the administratrix of the estate of Richard Rogers, who died on September 17, 1906, from injuries sustained in a collision between a bicycle which he was riding and an automobile owned by the defendant Fred G. Phillips and driven by his wife, the defendant Annie M. Phillips.
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. Four actions of tort, two at common law for injuries and . consequent conscious suffering, and two under R. L. c. 171, § 2, for causing death, brought by the administratrix of the estate of Richard Rogers, who died on September 17, 1906, from injuries sustained in a collision between a bicycle which he was riding and an automobile owned by the defendant Fred G. Phillips and driven by his wife, the defendant Annie M. Phillips. Writs dated, two on February 8 and two on April 2, 1907. In the Superior Court the four cases were tried together before Brown, J. There was evidence from which the…
1Opinion of the CourtHammond, J.
The collision occurred upon a straight, broad, smooth road in open daylight. There were no other' travellers, either in vehicles or on foot, to obstruct the view or distract the attention. The whole road for the time being was for the use of each of the vehicles in question, subject only to the right of the other; and yet the collision occurred. Was there evidence of due care of the deceased who was upon the bicycle? That is the only question raised upon this record.
The case is close. The burden was upon the plaintiff to show due care of the deceased. And she does not meet this burden simply…
2Cases cited4 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Bowser v. WellingtonMassachusetts Supreme Judicial Court · 1879
- Purtell v. JordanMassachusetts Supreme Judicial Court · 1892
- Ralph v. Cambidge Electric Light Co.Massachusetts Supreme Judicial Court · 1909
3Cited by16 opinions
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Luther v. StateIndiana Supreme Court · 1912
- Rasmussen v. WhippleMassachusetts Supreme Judicial Court · 1912
- Elgin Dairy Co. v. ShepherdIndiana Supreme Court · 1915
- Bishop v. PastorelliMassachusetts Supreme Judicial Court · 1921
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