Murphy v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort against a street railway corporation under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, for causing the death on May 23, 1914, of the plaintiff's intestate under the circumstances described in the opinion. Writ dated July 14, 1914. In the Superior Court the case was tried before Dana, J. The material evidence is described in the opinion.
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Tort against a street railway corporation under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, for causing the death on May 23, 1914, of the plaintiff's intestate under the circumstances described in the opinion. Writ dated July 14, 1914. In the Superior Court the case was tried before Dana, J. The material evidence is described in the opinion. At the close of the plaintiff’s evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
The question of the due care of the plaintiff’s intestate was for the jury. St. 1914, c. 553. Nye v. Louis K. Liggett Co. 224 Mass. 401.
We also are of opinion that there was evidence for the consideration by the jury of the defendant’s negligence. The accident happened in broad daylight, and they would have been warranted in finding that the defendant’s motorman from a point seven hundred and eighty-five feet distant from the place of the collision had an unobstructed, continuous view of the street and of the intersecting driveway over which the slowly moving disc harrow drawn by two horses…
2Cases cited4 opinions
- Nye v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1916
- Nelson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Berry v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910
3Cited by5 opinions
- Burns v. Oliver Whyte Co.Massachusetts Supreme Judicial Court · 1919
- Doherty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
- Boyle v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Sughrue v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Goulding v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1928