Kaminski v. Fournier
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Mary Trzybinska, the declaration alleging that the defendant negligently ran into the plaintiff’s intestate and caused her death. Writ dated August 31, 1917. In the Superior Court the action was tried before Hammond, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict for him be ordered. The motion was denied.
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Tort by the administrator of the estate of Mary Trzybinska, the declaration alleging that the defendant negligently ran into the plaintiff’s intestate and caused her death. Writ dated August 31, 1917. In the Superior Court the action was tried before Hammond, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict for him be ordered. The motion was denied. There was a verdict for the plaintiff in the sum of $500. The bill of exceptions recites: “Before the jury was. dismissed, and when the verdict was affirmed and recorded, the judge…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover damages for the death of Mary Trzybinska. The evidence in its aspect most favorable to the plaintiff would have warranted a finding of these facts: A little after seven o’clock on a late July evening, on one of the principal streets in the town of Webster, the deceased, an elderly pedestrian, received mortal injuries by being struck by an automobile driven by the defendant. The street leads generally in an east and west direction. On its south side was the track of a street railway, between which and the north gutter of the street there was ample space for…
2Cases cited11 opinions
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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3Cited by33 opinions
- Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
- Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
- Barrett v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1928
- Gauthier v. QuickMassachusetts Supreme Judicial Court · 1924
- Buono v. CodyMassachusetts Supreme Judicial Court · 1925
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