Eustis v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries and damages to the plaintiff’s horse and buggy caused by an electric car of the defendant running into the buggy as the plaintiff was crossing the defendant’s street ear tracks in Charlestown near the Sullivan Square terminal of the elevated railway. Writ dated December 22, 1906. The case was tried before Brown, J. The material facts are stated in' the opinion. There was but one witness for the plaintiff, the plaintiff himself.
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Tort for personal injuries and damages to the plaintiff’s horse and buggy caused by an electric car of the defendant running into the buggy as the plaintiff was crossing the defendant’s street ear tracks in Charlestown near the Sullivan Square terminal of the elevated railway. Writ dated December 22, 1906. The case was tried before Brown, J. The material facts are stated in' the opinion. There was but one witness for the plaintiff, the plaintiff himself. At the close of the evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions, it being “ agreed by the…
1Opinion of the CourtRugg, J.
There was evidence from which it might have been found that the plaintiff, travelling in a horse-drawn vehicle upon *144a public way and observing the law of the road, approached at a right angle the tracks of the defendant, and, when fifteen or twenty feet from them, saw a car at a standstill sixty feet or more away. Thinking that he might do so with safety, he started to drive across the tracks and was injured by the car striking his rear wheel. The case, therefore, should have been submitted to the jury under many recent authorities. O'Brien v. Lexington & Boston Street Railway, 205 Mass. 182.…
2Cases cited9 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Callahan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Halloran v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Hatch v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weiner v. D. A. Schulte, Inc.Massachusetts Supreme Judicial Court · 1931
- Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Doherty v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Mullen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.