Bryant v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort against the Boston Elevated Railway Company and the New York and Boston Despatch Express Company for personal injuries sustained on April 1, 1905, when, as the plaintiff was on the sidewalk on State Street in Boston and just emerging from the archway for pedestrians at one end of the Old State House, he was struck by a horse which was hitched to a wagon of the defendant express company, the wagon and horse having been pushed by a car of the defendant street railway…
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Tort against the Boston Elevated Railway Company and the New York and Boston Despatch Express Company for personal injuries sustained on April 1, 1905, when, as the plaintiff was on the sidewalk on State Street in Boston and just emerging from the archway for pedestrians at one end of the Old State House, he was struck by a horse which was hitched to a wagon of the defendant express company, the wagon and horse having been pushed by a car of the defendant street railway company. Writ dated April 10, 1905. In the Superior Court the case was tried before Brown, J. On the following page is a…
1Opinion of the CourtBraley, J.
The plaintiff while upon a public way as a pedestrian without any reasonable cause to apprehend that his position might be unsafe was struck, knocked down, and rendered unconscious by a wagon driven by a servant of the defendant express company. If the combination of circumstances which produced the injury may be infrequent, they are not extraordinary, and, the issue of this defendant’s negligence having been a question for the jury, the refusal to order a verdict in its favor was right. Powell v. Deveney, 3 Cush. 300. Slattery v. Lawrence Ice Co. 190 Mass. 79. Hanley v. Boston Elevated…
2Cases cited7 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Dulligan v. Barber Asphalt Paving Co.Massachusetts Supreme Judicial Court · 1909
- Hanley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
- O'Brien v. Blue Hill Street Railway Co.Massachusetts Supreme Judicial Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elder, Receiver v. Rutledge, Admx.Indiana Supreme Court · 1940
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Brightman v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Niles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Conley v. RosenfieldMassachusetts Supreme Judicial Court · 1930
8 more not listed; retrieve them via the Exa API.