Burns v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT, the first by a boy eight years of age when injured for personal injuries from being run into by a car of the defendant while crossing Main Street in Worcester, and the second by the father of the plaintiff in the first case for loss occasioned by the injuries to his son.
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Two ACTIONS OF TORT, the first by a boy eight years of age when injured for personal injuries from being run into by a car of the defendant while crossing Main Street in Worcester, and the second by the father of the plaintiff in the first case for loss occasioned by the injuries to his son. Writs dated November 26,1904. In the Superior Court the cases were tried together before Pierce, J. At the close of the evidence, which is described sufficiently in the opinion, the defendant asked the judge to rule that upon the evidence the plaintiffs could not recover, and that in each case the verdict…
1Opinion of the CourtBraley, J.
Unless the jury should have been instructed that as matter of law either the infant plaintiff was careless, or that there was no evidence of the defendant’s negligence, the verdicts in favor of his father and of himself must stand. In .lawfully using the public ways concurrently with the defendant, the infant plaintiff as a traveller was required to exercise only such degree of care as under like conditions would have been exercised by the ordinarily prudent child of his years. McDer*65mott v. Boston Elevated Railway, 184 Mass. 126. Young v. Small, 188 Mass. 4, 5. Slattery v. Lawrence Ice Co.…
2Cases cited16 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Chadbourne v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Davicki v. FlanaganMassachusetts Supreme Judicial Court · 1924
- Purcell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Crowley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
7 more not listed; retrieve them via the Exa API.