Tozier v. Haverhill & Amesbury Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS op TORT, the first by Jeanette F. Tozier for personal injuries sustained while a passenger in an open electric car of the defendant, which ran off the track on a down grade on a street in the outskirts of Haverhill and ran into a bank and the stump of a tree at the side of the road, and the second by Holey M. Tozier, as the husband of Jeanette, for damages alleged to have been incurred by him in consequence of her injuries.
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Two ACTIONS op TORT, the first by Jeanette F. Tozier for personal injuries sustained while a passenger in an open electric car of the defendant, which ran off the track on a down grade on a street in the outskirts of Haverhill and ran into a bank and the stump of a tree at the side of the road, and the second by Holey M. Tozier, as the husband of Jeanette, for damages alleged to have been incurred by him in consequence of her injuries. Writ dated July 15, 1902. At the trial in the Superior Court before Hardy, J. the jury returned a verdict for the plaintiff in each case, for the plaintiff in…
1Opinion of the CourtKnowlton, C. J.
These are two actions respectively brought, one to recover for injuries to the female plaintiff from the alleged negligence of the defendant in running a car in which she was a passenger, and the other, to recover damages resulting from her injury suffered by the male plaintiff, as her husband. It was conceded that she was in the exercise of due care, and the only exception now relied on in her case is to the refusal of the judge to give the jury this instruction which the defendant requested: “ If the jury find that the motorman did not exercise the best judgment which the case discloses…
2Cases cited6 opinions
- Lufkin v. LufkinMassachusetts Supreme Judicial Court · 1903
- Cody v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
- Cook v. CookMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. JosselynMassachusetts Supreme Judicial Court · 1904
- Corrigan v. People's Building, Loan, & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1934
- Lemay v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Fidelity & Casualty Co. of New York v. Huse & Carleton, Inc.Massachusetts Supreme Judicial Court · 1930
- Lawrence v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Hutchins v. Akron, Canton & Youngstown R. Co.Court of Appeals for the Sixth Circuit · 1947
7 more not listed; retrieve them via the Exa API.