Le Blanc v. Lowell, Lawrence, & Haverhill Street Railway Co.
Massachusetts Supreme Judicial Court
Three actions of tort, for personal injuries sustained by the plaintiffs respectively, and for damage to a pair of horses and a wagon owned by the plaintiff Le Blanc, by reason of a collision with an electric car of the defendant. The cases were tried together in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Three actions of tort, for personal injuries sustained by the plaintiffs respectively, and for damage to a pair of horses and a wagon owned by the plaintiff Le Blanc, by reason of a collision with an electric car of the defendant. The cases were tried together in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows. The defendant is the owner of an electric street railway between the cities of Lowell and Lawrence, and maintains a pleasure resort on the line of the railway known as Glen Forest. The plaintiff Blanchard ran the plaintiff Le Blanc’s job…
1Opinion of the CourtAllen, J.
The plaintiffs’ horses were on a walk, on the side of the road, when the defendant’s car came up from behind and struck the wagon, and thus caused the injuries complained of. It is not denied that there was evidence for the jury of negligence on the part of the defendant; but the defence rests on the grounds that the plaintiffs also were careless, and that they assumed the risk of accident. One of the plaintiffs testified that he saw the car coming, and thought .there was room enough for it to pass without striking the wagon. Another one of them testified that he did not see or hear the car…
2Cited by8 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Lawrence v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Kerr v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.