Callahan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff from being run into from behind by an electric car of the defendant while the plaintiff was driving in a two horse caravan along Boylston Street in Brookline at about seven o’clock in the evening of January 15, 1907. Writ dated February 6, 1907. In the Superior Court the case was tried before Raymond, J. The circumstances of the accident, as shown by the evidence, are stated in the opinion.
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Tort for personal injuries received by the plaintiff from being run into from behind by an electric car of the defendant while the plaintiff was driving in a two horse caravan along Boylston Street in Brookline at about seven o’clock in the evening of January 15, 1907. Writ dated February 6, 1907. In the Superior Court the case was tried before Raymond, J. The circumstances of the accident, as shown by the evidence, are stated in the opinion. At the close of the plaintiff’s evidence, the judge ruled that on all the evidence the plaintiff could not recover, and ordered a verdict for the…
1Opinion of the CourtRugg, J.
The plaintiff was driving in a heavy wagon after dark upon a broad street in the town of Brookline. The por*423tian of the way outside the tracks of the defendant company was covered with ice and snow, and the footing for his horses was better between the rails where there was no ice and where he had been driving at a walk for about five minutes, when a car of the defendant going in the same direction ran into him from behind and caused the injuries, for which this action is brought.
A street railway company, by reason of the grant to it of a location for its tracks in a highway, gains no right to…
2Cases cited7 opinions
- Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Kerr v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Williamson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Chaput v. Haverhill, Georgetown & Danvers Street Railway Co.Massachusetts Supreme Judicial Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bullard v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
- Bryne v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1929
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Robinson v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1911
- Burns v. Oliver Whyte Co.Massachusetts Supreme Judicial Court · 1919
13 more not listed; retrieve them via the Exa API.