Willis v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being run into by an electric car of the defendant between twelve and one o’clock in the afternoon of June 4, 1907, at or near the crossing of Main Street and Park Street in North Reading.
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Tort for personal injuries from being run into by an electric car of the defendant between twelve and one o’clock in the afternoon of June 4, 1907, at or near the crossing of Main Street and Park Street in North Reading. Writ dated October 3,1907. In the Superior Court the case was tried before Hardy, J. An exception by the defendant to a refusal of the presiding judge to rule that there was no evidence for the consideration of the jury on the first count of the declaration was sustained by this court in a decision reported in 202 Mass. 463. The second count of the declaration, to which alone…
1Opinion of the CourtMorton, J.
This is an action of tort for personal injuries. There are two counts in the declaration. The first alleges that the plaintiff was in the exercise of due care and that the defendant’s servants were negligent. The second count contains no averment of the plaintiff’s due care but alleges, as the bill of exceptions states, “ gross negligence ” on the part of the servants of the defendant. The case was before this court in 202 Mass. 463, on the defendant’s exceptions to the refusal of the presiding judge to rule that on all the evidence the plaintiff could not recover. At that trial the presiding…
2Cases cited6 opinions
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Fitzmaurice v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Ingraham v. Boston & Norther Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Willis v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
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3Cited by4 opinions
- Burns's CaseMassachusetts Supreme Judicial Court · 1914
- Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- McIntyre v. ConverseMassachusetts Supreme Judicial Court · 1921
- Santora v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912