Beirne v. Lawrence & Methuen Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being knocked down by a car of the defendant going “very fast,” “much faster than usual ” or “ twenty-five miles an hour ” while the plaintiff, following a path which led to the mill where she worked, was attempting to cross the track of the defendant on Bruce Street in Lawrence, at about twenty minutes after six o’clock in the morning of November 28,1904. Writ dated November 30,1904. At the trial in the Superior Court before Bell, J., the…
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Tort for personal injuries from being knocked down by a car of the defendant going “very fast,” “much faster than usual ” or “ twenty-five miles an hour ” while the plaintiff, following a path which led to the mill where she worked, was attempting to cross the track of the defendant on Bruce Street in Lawrence, at about twenty minutes after six o’clock in the morning of November 28,1904. Writ dated November 30,1904. At the trial in the Superior Court before Bell, J., the facts appeared which are stated in the opinion. At the close of the evidence the judge ruled that, while the evidence as to…
1Opinion of the CourtLosing, J.
In the case at bar the plaintiff’s path, as she approached Bruce Street, lay through vacant land, and her view of a car coming from the north was and continued to be unobstructed from tbe time such a car was eight hundred and fifty feet north of the point where the accident took place until it reached that point. The car here in question was lighted by thirteen incandescent lights inside the car and one on the dashboard. The accident happened in the morning, while it was still dark, and although it was “ misty and cloudy,” it was not the case of a fog which interfered with seeing objects, as…
2Cases cited5 opinions
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Connolly v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1893
- Barry v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
3Cited by10 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Rundgren v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Tognazzi v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Willis v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
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