Itzkowitz v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries from being run down by an electric surface car of the defendant. Writ dated September 12, 1901. In the Superior Court the case was tried before Bishop, J. It appeared that the plaintiff was injured by coming in contact with a car of the defendant which was going in a southerly direction on Atlantic Avenue in Boston, about one o’clock p. m., on-March' 11, 1901. On the west side of the avenue was a temporary wooden structure, which had been erected by…
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Tort for injuries from being run down by an electric surface car of the defendant. Writ dated September 12, 1901. In the Superior Court the case was tried before Bishop, J. It appeared that the plaintiff was injured by coming in contact with a car of the defendant which was going in a southerly direction on Atlantic Avenue in Boston, about one o’clock p. m., on-March' 11, 1901. On the west side of the avenue was a temporary wooden structure, which had been erected by contractors who were putting up a new building, and which extended from the westerly line of the avenue across and six feet…
1Opinion of the CourtKnowlton, C. J.
There was very little if any evidence that the car was running otherwise than in the usual way, or that there was any negligence on the part of the defendant. But we will assume in favor of the plaintiff that he properly might have gone to the jury on this part of his case. The important question is whether there was evidence that the plaintiff was in the exercise of due care. Upon the undisputed testimony, he came out of a shop in the middle of the day and stepped directly in front of the car as he was starting to pass through the street towai’ds the north, while the car was coming to meet…
2Cases cited5 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Hall v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Hurley v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1902
3Cited by11 opinions
- Helliesen v. Seattle Electric Co.Washington Supreme Court · 1909
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Crenshaw v. Asheville & Biltmore Street Railway & Transportation Co.Supreme Court of North Carolina · 1907
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