Bowser v. Wellington
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff in being run over by a horse and wagon driven by the defendant, while crossing Devonshire Street in Boston. Answer, a general denial.
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Tort for personal injuries occasioned to the plaintiff in being run over by a horse and wagon driven by the defendant, while crossing Devonshire Street in Boston. Answer, a general denial. At the trial in this court, before Soule, J., the plaintiff testified that he was about sixty-four years old; that he was on his way to Faneuil Hall Market about eleven o’clock in the forenoon ; that he walked down Cornhill across Washington Street, and kept along the sidewalk to Devonshire Street; that he had taken, perhaps, four steps in crossing Devonshire Street when he was suddenly struck down from…
1Opinion of the Court
By the Court.
The decisions as to the degree of care required at a railroad crossing are not applicable to this case. Lynam v. Union Railway, 114 Mass. 83. It was for the jury to judge v hether the plaintiff should have looked behind him when crossing the street, and whether, under all the circumstances, he used proper care. Schienfeldt v. Norris, 115 Mass. 17.
JExceytions overruled.
2Cases cited2 opinions
- Lynam v. Union Railway Co.Massachusetts Supreme Judicial Court · 1873
- Schienfeldt v. NorrisMassachusetts Supreme Judicial Court · 1874
3Cited by11 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Bouma v. DuboisMichigan Supreme Court · 1912
- Shapleigh v. WymanMassachusetts Supreme Judicial Court · 1883
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
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