Stevens v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions OP tobt by the administratrix of the estate of Charles N. Stevens, the first for the suffering of the intestate and the second for his death, both alleged to have been caused by the negligence of the defendant’s servants in operating a car of the defendant. Writs dated respectively November 19, 1900, and September 20, 1901. In the Superior Court the cases were tried together before Fessenden, J., without a jury.
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Two actions OP tobt by the administratrix of the estate of Charles N. Stevens, the first for the suffering of the intestate and the second for his death, both alleged to have been caused by the negligence of the defendant’s servants in operating a car of the defendant. Writs dated respectively November 19, 1900, and September 20, 1901. In the Superior Court the cases were tried together before Fessenden, J., without a jury. The plaintiff’s intestate was a hackman driving a carriage in a funeral. According to the plaintiff’s evidence the car came up from behind, and struck one of the forward…
1Opinion of the CourtKnowlton, C. J.
The only exception now relied on by the defendant is to the admission in evidence of the defendant’s rule in regard to sounding the gong, in'connection with testimony that the defendant’s motorman disobeyed the rule and that this disobedience was one of the causes of the accident. The decisions in different jurisdictions are not entirely harmonious upon the question now raised, but we are of opinion that the weight of authority and of reason tends to support the ruling of the judge in the present case.
It has been settled by various adjudications in this Commonwealth that the adoption of…
2Cases cited21 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
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3Cited by69 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Brune v. BelinkoffMassachusetts Supreme Judicial Court · 1968
- Baggs v. HirschfieldMassachusetts Supreme Judicial Court · 1935
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Lev v. Beverly Enterprises-Massachusetts, Inc.Massachusetts Supreme Judicial Court · 2010
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