Legal Opinion

McCrohan v. Davison

Massachusetts Supreme Judicial Court

Decided March 2, 1905PublishedCited by 18 opinions

Tort for injuries from being run into by the defendant’s borse and sleigh while crossing Sumner Street near the corner of Willis Street in that part of Boston called Dorchester. Writ dated February 18, 1901. At the trial in the Superior Court before Mason, C. J., the jury returned a verdict for the plaintiff in the sum of $5,000; and the defendant alleged exceptions, raising the questions stated by the court.

1Opinion of the CourtKnowlton, C. J.

This is an action brought to recover damages for being struck by the defendant’s sleigh, in which the defendant was driving. The plaintiff and the defendant were the only witnesses who saw the accident, and their accounts of it were conflicting. According to the testimony of' the plaintiff, he was crossing a street at its junction with another street, on an icy morning in winter, and saw a horse and sleigh coming at a distance, the street being otherwise unoccupied. Thinking that he had plenty of time to cross before the horse would reach him, he walked on in the usual way, and when he was…

2Cases cited2 opinions

  1. Whitman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
  2. Coleman v. Lowell, Lawrence & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1902

3Cited by18 opinions

  1. Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
  2. Jeddrey v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
  4. Gauthier v. QuickMassachusetts Supreme Judicial Court · 1924
  5. Austin v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929

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