Sarmento v. Vance
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Manuel G. Goularte for causing the death of the plaintiff’s intestate on November 7, 1914, in the manner described in the opinion by running into him almost directly in front of a school house on Globe Street in Fall River where the intestate attended school. Writ dated November 14, 1914. The defendant’s answer contained an allegation that there was contributory negligence on the part of the plaintiff’s intestate.
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Tort by the administrator of the estate of Manuel G. Goularte for causing the death of the plaintiff’s intestate on November 7, 1914, in the manner described in the opinion by running into him almost directly in front of a school house on Globe Street in Fall River where the intestate attended school. Writ dated November 14, 1914. The defendant’s answer contained an allegation that there was contributory negligence on the part of the plaintiff’s intestate. In the Superior Court the case was tried before Morton, J. The facts in regard to the conduct of the plaintiff’s intestate which could…
1Opinion of the CourtCrosbt, J.
The plaintiff’s intestate, a boy sixteen years of age, was struck by an automobile owned and operated by the defendant, receiving fatal injuries. This action is brought to recover for his death.
The accident occurred on Globe Street in Fall River on November 7, 1914, at about half past seven o’clock in the morning. A street railway track, running east and west, is laid approximately in the centre of the street; between the southerly rail of the track and the curbing of the southerly sidewalk a concrete mixing machine was being operated at the time of the accident; attached to the machine was…
2Cases cited3 opinions
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Creedon v. GalvinMassachusetts Supreme Judicial Court · 1917
- Bailey v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1917
3Cited by6 opinions
- DuBois v. PowdrellMassachusetts Supreme Judicial Court · 1930
- Kaminski v. FournierMassachusetts Supreme Judicial Court · 1920
- King v. WeitzmanMassachusetts Supreme Judicial Court · 1929
- Archambault v. HenschkeMassachusetts District Court, Appellate Division · 1967
- Savage v. Metropolitan Transit AuthorityMassachusetts District Court, Appellate Division · 1963
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