Gadbois v. Bay State Street Railway Co.
Massachusetts Supreme Judicial Court
Tort against a street railway corporation for damage to an automobile belonging to the plaintiff which was run into by a car of the defendant when the automobile was stalled on the defendant’s single track on Elliott Street in Beverly on June 17, 1911. Writ dated November 13, 1911. In the Superior Court the case was tried before Hitchcock, J. The material facts are stated in the opinion.
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Tort against a street railway corporation for damage to an automobile belonging to the plaintiff which was run into by a car of the defendant when the automobile was stalled on the defendant’s single track on Elliott Street in Beverly on June 17, 1911. Writ dated November 13, 1911. In the Superior Court the case was tried before Hitchcock, J. The material facts are stated in the opinion. On his direct examination the plaintiff was asked, "Did you expect the motorman was going to stop his car? ” The question was objected to by the defendant, and was excluded. The plaintiff then was asked by…
1Opinion of the CourtDe Courcy, J.
The collision occurred in front of the plaintiff’s garage on Elliott Street in Beverly, where the single track of the defendant was located about four feet from the sidewalk. From the garage or sidewalk there was an unobstructed view of Elliott Street as far as Rantoul Street, where the electric car made the last stop before the accident; and from that street to the place of the collision the car was running at a moderate rate of speed. The plaintiff backed his automobile out of the garage and across the sidewalk; and as the rear wheels reached the short runway at the curb the engine…
2Cases cited6 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Giles v. GilesMassachusetts Supreme Judicial Court · 1910
- McCrohan v. DavisonMassachusetts Supreme Judicial Court · 1905
- Whitman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Ahearn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Austin v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929
- Joughin v. Federal Motor Transportation Co.Massachusetts Supreme Judicial Court · 1932
- Renwick v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1931
- Myatt v. D & N Motor Transportation Co.Massachusetts Supreme Judicial Court · 1957