Lounsbury v. McCormick
Massachusetts Supreme Judicial Court
. Three actions op tort, the first and second actions being for personal injuries and the third for property damage resulting when a street railway car of the plaintiff in the third action, with the plaintiff in the first action as conductor and the plaintiff in the second action as motorman, collided with a motor truck of the defendant standing upon the street railway track. Writs dated December 23, December 22 and December 22, 1916, respectively.
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. Three actions op tort, the first and second actions being for personal injuries and the third for property damage resulting when a street railway car of the plaintiff in the third action, with the plaintiff in the first action as conductor and the plaintiff in the second action as motorman, collided with a motor truck of the defendant standing upon the street railway track. Writs dated December 23, December 22 and December 22, 1916, respectively. In the Superior Court, the actions were tried together before Sisk, J. Material evidence is described in the opinion.
1Opinion of the CourtJenney, J.
About ten o’clock on the night of December 21, 1916, there was a collision between an electric car of the plaintiff Bay State Street Railway Company, of which car the plaintiffs Fred Lounsbury and Roy E. Hathaway were respectively conductor and motorman, and a motor truck owned by Joseph McCormick, the defendant, and operated by his agent Viall, who was then conducting the defendant’s business and acting *335with his authority. The accident happened on a public highway at a place which was one hundred feet westerly from an intersecting public street, called Arcade Avenue, and where the railway…
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