Barry v. Stevens
Massachusetts Supreme Judicial Court
Tort by a girl nine years of age for injuries caused by her being struck by a piece of ice which was alleged to have fallen from- an lee wagon of the defendant owing to negligence on the part of the driver. The declaration alleged that the plaintiff was a traveller upon a public street when she was injured. Writ dated June 1, 1906. The case was tried before White, J. The facts are stated in the opinion.
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Tort by a girl nine years of age for injuries caused by her being struck by a piece of ice which was alleged to have fallen from- an lee wagon of the defendant owing to negligence on the part of the driver. The declaration alleged that the plaintiff was a traveller upon a public street when she was injured. Writ dated June 1, 1906. The case was tried before White, J. The facts are stated in the opinion. At the close of the evidence, the presiding judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
If the plaintiff when injured was a traveller on the highway as alleged in the declaration, there was evidence for the jury of her due care, and of the defendant’s negligence. McNeil v. Boston Ice Co. 173 Mass. 570. McDermott v. Boston Elevated Railway, 184 Mass. 126, 128. Slattery v. Lawrence Ice Co. 190 Mass. 79. Jaehnig v. Ferguson Co. 197 Mass. 364. The facts as to the defendant’s liability rest upon the evidence introduced by the plaintiff, from which it appeared, that the defendant’s team loaded with ice in charge of a driver was passing along the street making deliveries to customers,…
2Cases cited6 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- West v. PoorMassachusetts Supreme Judicial Court · 1907
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
- McNeil v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Theriault v. PierceMassachusetts Supreme Judicial Court · 1940
- McVicar v. WR Arthur & CompanySupreme Court of Missouri · 1958
- Karlowski v. KissockMassachusetts Supreme Judicial Court · 1931
- Westgate v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1941
- Falardeau v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1931
5 more not listed; retrieve them via the Exa API.