Legal Opinion

Murphy v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided April 4, 1905PublishedCited by 14 opinions

Tort, under Pub. Sts. c. 112, § 212, for causing the death of .the plaintiff’s intestate run over by a car of the defendant on Centre Street in that part of Boston called Roxbury on November 14, 1900, through the alleged gross negligence and carelessness of the defendant’s servants. Writ dated February 28, 1901. At the trial in the Superior Court Maynard, J. ordered a verdict for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtBarker, J.

The plaintiff’s intestate, a hoy five years and four months of age, bright, intelligent and well developed for his years, lived on New Heath Street near Centre Street in the Roxbury district. He had travelled on the street cars and knew Centre Street and knew there were two street railway tracks there upon which the cars ran frequently, in both directions. He had been sent on errands before November 14, 1900. On that day he was sent on an errand to Highland Street which leads off from Centre Street some distance southerly from New Heath Street, To do the errand he must cross Centre Street. In…

2Cases cited6 opinions

  1. Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
  2. Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
  3. Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
  4. McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  5. Morey v. Gloucester Street Railway Co.Massachusetts Supreme Judicial Court · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  2. Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  4. Downey v. Baton Rouge Electric & Gas Co.Supreme Court of Louisiana · 1908
  5. Burns v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API