Lynam v. Union Railway Co.
Massachusetts Supreme Judicial Court
Tort to recover damages for a bodily hurt, received in a collision between the plaintiff’s wagon in which he was driving and the defendants’ horse-car, caused by the negligence of the defendants’ servant in driving the car.
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Tort to recover damages for a bodily hurt, received in a collision between the plaintiff’s wagon in which he was driving and the defendants’ horse-car, caused by the negligence of the defendants’ servant in driving the car. At the trial in the Superior Court, before Devens, J., the plaintiff testified: “ I am 60 years old, and a native of Ireland; resided in Lexington, December 24, 1870, and still do; came into Boston in my wagon with some pork and dead turkeys; a little, light, open wagon, and an old, slow horse about 17 or 18 years old; left Boston for home in the afternoon; stopped at…
1Opinion of the CourtGray, C. J.
The testimony introduced on the part of the plaintiff, upon which alone, as the defendants properly admit, this case is to be determined, laid before the jury all the circumstances attending the accident, and warranted them in finding that he was in the exercise of due care, and would not have been injured but for the negligence of the defendants’ servants. Mayo *88v. Boston & Maine Railroad, 104 Mass. 137. Smith v. Gardner, 11 Gray, 418. . The cases relating to injuries suffered by being struck by a locomotive engine at a railroad crossing afford no test of the degree of care required of the…
2Cases cited1 opinion
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Consolidated Traction Co. v. ScottSupreme Court of New Jersey · 1896
- Dahlberg v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1884
- Lake Roland Elevated Railway Co. v. McKewenCourt of Appeals of Maryland · 1895
- Hicks v. Citizens' Railway Co.Supreme Court of Missouri · 1894
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