Carney v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of John Carney, who was an assistant draw tender on the Malden Bridge in the part of Boston called Charlestown, to recover for the death and conscious suffering of the plaintiff’s intestate by reason of his being struck by a street railway car operated by the defendant on December 24,1912, at about 11 p. M. when the intestate was clearing the snow from one of the latches of the draw so that the draw could be opened later.
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Tort by the administrator of the estate of John Carney, who was an assistant draw tender on the Malden Bridge in the part of Boston called Charlestown, to recover for the death and conscious suffering of the plaintiff’s intestate by reason of his being struck by a street railway car operated by the defendant on December 24,1912, at about 11 p. M. when the intestate was clearing the snow from one of the latches of the draw so that the draw could be opened later. Writ dated January 31, 1913. The declaration contained two counts, the first for causing the death of the plaintiff’s intestate and…
1Opinion of the CourtDe Courcy, J.
The only issue now in controversy is that of the due care of the plaintiff’s intestate, John Carney; and on the essential facts the case is governed by decisions like Quinn v. Boston Elevated Railway, 188 Mass. 473, and Kelly v. Boston Elevated Railway, 197 Mass. 420. Snow had fallen during the day, and Carney with another assistant draw tender was clearing one of the latches which locked the drawbridge to the abutments. He had been employed at this bridge for three or four years, and was familiar with the work and the surroundings. Electric cars frequently were passing on the inbound and the…
2Cases cited11 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- Hanley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Dube v. Keogh Storage Co.Massachusetts Supreme Judicial Court · 1920
- Smellie v. Southern Pacific Co.California Court of Appeal · 1933
- Tibbetts v. DuntonSupreme Judicial Court of Maine · 1934
- Tobin v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1949
3 more not listed; retrieve them via the Exa API.