Benjamin v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant, in consequence of which she was thrown from a carriage in which she was riding. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtAllen, J.
The case which the plaintiff’s evidence tended to support was as follows. Appleton and Beech Streets crossed each other at right angles. There was an electric street railway on Appleton Street. The plaintiff was driving on Beech Street towards Appleton Street, saw a car pass, thought it would be safe to cross, and drove on to Appleton Street as if to cross it, the roadbed being thirty-four feet wide. As she got almost upon the railway track another car was coming, her horse became frightened, she turned him so as to go along on Appleton Street by the side of the track, the car came following…
2Cases cited4 opinions
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Shapleigh v. WymanMassachusetts Supreme Judicial Court · 1883
- Eaton v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by30 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Spiking v. Consolidated Ry. & Power Co.Utah Supreme Court · 1908
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