Robbins v. Springfield Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. It appeared that on August 17, 1893, the plaintiff, who was then seventy-nine years of age, was driving a horse attached to a wagon along Worthington Street in Springfield; that the defendant corporation maintained a railway track on the street, upon which it ran electric cars and that the plaintiff, in attempting to cross from one side of the street to the other, drove upon the railway…
1Opinion of the CourtField, C. J.
The questions of the due care of the plaintiff and of the negligence of the defendant’s servants, we think, were for the jury, on the evidence which appears in the exceptions. The first request for instructions was therefore properly refused. Driscoll v. West End Street Railway, 159 Mass. 142. Ellis v. Lynn & Boston Railroad, 160 Mass. 341.
The second request ought not to have been given in the form in which it was offered, and the instructions upon this part of the case were correct. Neff v. Wellesley, 148 Mass. 487.
The third request could not properly have been given as an absolute rule of…
2Cases cited5 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Ellis v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by52 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Traver v. Spokane Street Railway Co.Washington Supreme Court · 1901
- Helliesen v. Seattle Electric Co.Washington Supreme Court · 1909
- Beeman v. Puget Sound Traction Light & Power Co.Washington Supreme Court · 1914
- Bass' Administrator v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1901
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