Kennedy v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of James J. Kennedy, late of Worcester, for causing the death of the plaintiffs intestote from injuries sustained by him on June 3, 1908, by reason of the alleged negligence of the servants and agents of the defendant in the operation of its street railway. Writ dated December 21,1908. In the Superior Court the case was tried before Fessenden, J. The material facts shown by the plaintiff’s evidence are stated' in the opinion.
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Tort by the administrator of the estate of James J. Kennedy, late of Worcester, for causing the death of the plaintiffs intestote from injuries sustained by him on June 3, 1908, by reason of the alleged negligence of the servants and agents of the defendant in the operation of its street railway. Writ dated December 21,1908. In the Superior Court the case was tried before Fessenden, J. The material facts shown by the plaintiff’s evidence are stated' in the opinion. At the close of the plaintiff’s evidence the judge ordered a verdict.for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtSheldon, J.
The plaintiff’s intestate left an outward or southbound car of the defendant, went around the back of the car, attempted to cross the tracks, and was struck upon the further track by a car going northward toward Worcester, receiving the injuries which caused his death. It is contended that he was not in the exercise of due care. He was struck by the northbound car almost immediately after stepping upon the further track.
If he went behind the car from which he alighted without looking to see whether a car was coming upon the other track, without concerning himself with that question, but…
2Cases cited12 opinions
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Donovan v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
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3Cited by14 opinions
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Gibb v. HardwickMassachusetts Supreme Judicial Court · 1922
- Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
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