Legal Opinion

Fallon v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided February 26, 1909PublishedCited by 9 opinions

Tort for injuries to the plaintiff and to his horse and buggy from being run into by an electric car operated by the defendant on April 12, 1905, at about 11.55 p. M., while the plaintiff was driving across a track of the defendant’s railway. Writ dated August 1,1905. In the Superior Court the case was tried before Ailcen, C. J. The evidence is described in the opinion.

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Tort for injuries to the plaintiff and to his horse and buggy from being run into by an electric car operated by the defendant on April 12, 1905, at about 11.55 p. M., while the plaintiff was driving across a track of the defendant’s railway. Writ dated August 1,1905. In the Superior Court the case was tried before Ailcen, C. J. The evidence is described in the opinion. At the close of the evidence it was agreed by counsel that the case should be submitted to the jury with the agreement that, if the jury returned a verdict for the plaintiff, the judge should set aside the verdict and direct a…

1Opinion of the CourtKnowlton, C. J.

The wagon in. which the plaintiff was driving was struck by an electric car on Washington Street, be*181tween Roslindale and Forest Hills in that part of Boston called West Roxbury, and the plaintiff was thrown out and injured-The street, for a distance of more than a quarter of a mile in each direction from the place of the accident, was perfectly straight, and nearly level. The accident happened at a little before midnight, on a bright, clear night, with electric lights near the place, and there were no other vehicles in the vicinity except another electric car which had passed by a short time…

2Cases cited6 opinions

  1. Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
  2. Scannell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1900
  3. Carrahar v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  4. Le Blanc v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
  5. Wood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905

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

3Cited by9 opinions

  1. Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
  2. Horsman v. Brockton & Plymouth Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  3. Hatch v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  4. O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  5. Hunt v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1925

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

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