Foster v. Curtis
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on September 19, 1906, from being struck by an automobile driven by the defendant on Broadway in the town of Revere. Writ dated January 25, 1908. The answer was a general denial.
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Tort for personal injuries sustained by the plaintiff on September 19, 1906, from being struck by an automobile driven by the defendant on Broadway in the town of Revere. Writ dated January 25, 1908. The answer was a general denial. In the Superior Court the case was tried before Harris, J. The plaintiff testified that he was struck by the defendant’s automobile immediately after he had alighted from an open electric street railway car, that at the point where the accident happened Broadway was forty feet wide with double street railway tracks, over which cars were passing frequently, and…
1Opinion of the CourtBraley, J.
The scene of the accident was a public way in the centre of which the double tracks of a street railway were so located as to leave an equal space between the outer rails and the opposite curb. The plaintiff had just alighted from the right hand side of an open electric car, and while in the act of stepping forward to cross the street to the curb in front, the defendant’s automobile, which had been following in the rear, turned to the right to pass the car and in passing struck and injured him. If the defendant had gone by on the left the plaintiff would not have been injured, and in…
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