Bothwell v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort under St. 1907, c. 392, for the death of William J. Both-well, caused by his being run into by a car of the defendant on Washington Street in that part of Boston called Roslindale, and alleged to have been due to negligence of the motorman of the car.
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Tort under St. 1907, c. 392, for the death of William J. Both-well, caused by his being run into by a car of the defendant on Washington Street in that part of Boston called Roslindale, and alleged to have been due to negligence of the motorman of the car. Writ dated August 21, 1908. In the Superior Court the case was tried before Lawton, J. The bill of exceptions stated that at the trial the defendant read a “ statement of the plaintiff’s witness Dixon given at the inquest in October, 1908, in which the witness Dixon said in substance that he ran up the street, and said nothing about seeing…
1Opinion of the CourtRugg, C. J.
The plaintiff seeks damages for the death of his intestate under St. 1907, c. 392, which authorizes recovery from a street railway company, whose servants in the conduct of its business negligently cause the death of a person, not a passenger or an employee, “in the exercise of due care.” The uncontradicted evidence shows that the plaintiff’s intestate at the time of the accident was nine years and nine months old. With other boys he was standing on a sidewalk looking at a Chinaman who was fixing something on the floor of a shop with a hatchet. The boys were “teasing” or “mocking” the…
2Cases cited46 opinions
- Twining v. New JerseySupreme Court of the United States · 1908
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
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3Cited by62 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. BellinoMassachusetts Supreme Judicial Court · 1947
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
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