Peabody v. Haverhill, Georgetown & Danvers Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions oe tort, the first for personal injuries alleged to have been received by the plaintiff by her being thrown from a carriage because of its being run into by an electric car of the defendant negligently operated. The second action was by the husband of the plaintiff in the first and sought recovery for loss of the wife’s society and services and for the expenses of medical attendance.
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Two actions oe tort, the first for personal injuries alleged to have been received by the plaintiff by her being thrown from a carriage because of its being run into by an electric car of the defendant negligently operated. The second action was by the husband of the plaintiff in the first and sought recovery for loss of the wife’s society and services and for the expenses of medical attendance. (The plaintiff in the first action hereinafter will be called the plaintiff.) Writs in the Superior Court for the county of Essex dated November 15, 1902. There was a trial before Bell, J. Just before…
1Opinion of the CourtSheldon, J.
We cannot say that there was not some evidence for the jury to consider on the question of the due care of the female plaintiff. She was being driven by her son, a young man of about twenty years, in his buggy drawn by his *279horse. As in Chadbourne v. Springfield Street Railway, 199 Mass. 574, she seems to have conducted herself as his invited guest, and due care on her part may have required that she should not attempt to do otherwise, or in any way to control or interfere with his mode of driving and management of the team. She had no reason to anticipate negligence on his part. And there was…
2Cases cited9 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Board of Commissioners v. MutchlerIndiana Supreme Court · 1894
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Foley v. HurleyMassachusetts Supreme Judicial Court · 1934
- Fogg v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1916
- Doyle v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1917
6 more not listed; retrieve them via the Exa API.