Sullivan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, the first by a boy, four years and three months old when injured, for personal injuries from being run over by a car of the defendant, and the second by the boy’s father to recover for the loss of his services and for expenses resulting from the accident.
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Two actions OF tort, the first by a boy, four years and three months old when injured, for personal injuries from being run over by a car of the defendant, and the second by the boy’s father to recover for the loss of his services and for expenses resulting from the accident. Writs dated November 12, 1901. In the Superior Court the cases were tried together before CrasJcill, J. One Moran, a witness for the plaintiffs, testified that he was looking out the window of a store on Dorchester Avenue, on September 18, 1901, the day of the accident; that he saw two boys, one of whom was the minor…
1Opinion of the CourtLoring, J.
1. The defendant’s contention in support of its second request for a ruling is that in a case where the minor child who is injured (after getting on the street in question without negligence on the part of his parents) has not exercised any care, the burden is on the plaintiff to prove that he was incapable of exercising any care; and that in the case at bar these plaintiffs did not sustain the burden of proving that fact; that in the case at bar that fact was left to conjecture and was not proved.
There doubtless is an age where the court can say as matter of law that a child cannot exercise…
2Cases cited18 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Hewitt v. Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1983
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Eckhardt v. HansonSupreme Court of Minnesota · 1936
25 more not listed; retrieve them via the Exa API.