Smith v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained on July 6, 1908, by reason of the negligence of the servants of the defendant in running an electric car at an unreasonable and dangerous rate of speed and causing it to strike the buggy in which the plaintiff was and the horse which he was driving, as the plaintiff was turning from a cross road into Pleasant Street in Amherst.
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Tort for personal injuries alleged to have been sustained on July 6, 1908, by reason of the negligence of the servants of the defendant in running an electric car at an unreasonable and dangerous rate of speed and causing it to strike the buggy in which the plaintiff was and the horse which he was driving, as the plaintiff was turning from a cross road into Pleasant Street in Amherst. Writ dated October 3, 1908. In the Superior Court the case was tried before Stevens, J. The evidence material to the decision is described or sufficiently referred to in the opinion. At the close of the…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover for damages sustained by the plaintiff through a collision with a car of the defendant, which occurred near a corner of two public ways in the town of Amherst.
The plaintiff, who was driving with a horse and buggy, testified in substance that as he approached the street, in which were the tracks of the defendant, he was looking and listening for a car all the way until his horse was on the track, and that he neither saw nor heard any car and heard no gong until his horse was upon the track, when first he saw an approaching car sixty to ninety feet away, and…
2Cases cited10 opinions
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- Halloran v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Commonwealth v. MooneyMassachusetts Supreme Judicial Court · 1872
- Liddle v. Old Lowell National BankMassachusetts Supreme Judicial Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. WestMassachusetts Supreme Judicial Court · 1942
- Langan v. PianowskiMassachusetts Supreme Judicial Court · 1940
- McGrath v. FashMassachusetts Supreme Judicial Court · 1923
- Manley v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Cohen v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929
1 more not listed; retrieve them via the Exa API.