Aiken v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by an infant against a street railway company for personal injuries. Writ dated July 6,1898. At a previous stage of this case, reported in 180 Mass. 8, the plaintiff’s exceptions were sustained by this court after a verdict bad been ordered in the Superior Court for the defendant.
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Tort by an infant against a street railway company for personal injuries. Writ dated July 6,1898. At a previous stage of this case, reported in 180 Mass. 8, the plaintiff’s exceptions were sustained by this court after a verdict bad been ordered in the Superior Court for the defendant. At the new trial in the Superior Court before Lawton, J., the jury returned a verdict for the plaintiff in the sum of $5,000. The defendant alleged exceptions, raising the questions stated by the court.
1Opinion of the CourtKnowlton, C. J.
The most important question in this case grows out of the instructions to the jury upon the third count. This count charges the defendant, by its servants, with having started up the car recklessly, wantonly and with gross disregard of the plaintiff’s safety, while he was in a place of great peril upon the step of the car, and with having thrown him upon the ground and under the wheels of the car. There was evidence tending to show that the plaintiff, a boy six and one half years of age, ran near or against the car, and was upon the lower step at the forward end as the car was going around a…
2Cases cited16 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
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- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
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- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
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