Mellen v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by an infant, by her father as her next friend, for personal injuries from being run over by a car of the defendant on Bedford Street in Fall River. Writ dated December 19, 1901. At the trial in the Superior Court before Lawton, J., the jury returned a verdict for the plaintiff in the sum of $5,300; and' the defendant alleged exceptions. The father of the plaintiff was a mill hand.
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Tort by an infant, by her father as her next friend, for personal injuries from being run over by a car of the defendant on Bedford Street in Fall River. Writ dated December 19, 1901. At the trial in the Superior Court before Lawton, J., the jury returned a verdict for the plaintiff in the sum of $5,300; and' the defendant alleged exceptions. The father of the plaintiff was a mill hand. At the time of the accident he was living in a four tenement house on Pine Street in Fall River, the yard of which is described by the court. The accident happened on December 14, 1901, in the manner stated in…
1Opinion of the CourtLoring, J.
This is a case in which the father of a family of six children allowed the plaintiff, a child of three years and eight months, to go into the yard to play with her older sister aged nine years and nine months, and with the daughter of a neighbor, aged ten. The father lived in a tenement to which was attached a large, roomy yard shut in by a gate which was kept closed by a strong spring. On the day in question he was at home, tapping the shoes of one of the children, and his wife was nursing the baby. After going into the yard to play, the children wandered off into the street and the…
2Cases cited7 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
- Butler v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Mulligan v. CurtisMassachusetts Supreme Judicial Court · 1868
- Cotter v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- O'Connor v. Benson Coal Co.Massachusetts Supreme Judicial Court · 1938
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913