Creed v. Kendall
Massachusetts Supreme Judicial Court
Two ACTIONS OE tort, brought by Michael Creed, administrator, and individually arising out of the same injury, and tried together in the Superior Court, before Dunbar, J. It appeared that the defendants, by virtue of a contract with the Chelsea Gas Company, were engaged in the erection of poles to support electric wires and lights on Williams Street, a public highway in Chelsea; that Williams Street is thickly settled at the point where the accident is alleged to have…
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Two ACTIONS OE tort, brought by Michael Creed, administrator, and individually arising out of the same injury, and tried together in the Superior Court, before Dunbar, J. It appeared that the defendants, by virtue of a contract with the Chelsea Gas Company, were engaged in the erection of poles to support electric wires and lights on Williams Street, a public highway in Chelsea; that Williams Street is thickly settled at the point where the accident is alleged to have occurred, and is sixty feet wide, the sidewalk being twelve feet wide; that the hole into which the plaintiff’s intestate is…
1Opinion of the CourtMorton, J.
The single question in this case is whether there was contributory negligence on the part of the mother. The case was left to the jury, under instructions as to what would constitute. contributory negligence on her part, to which no exception was taken, and the jury returned a verdict for the plaintiff in each case. We think that the refusal of the court to rule that the evidence showed, as matter of law, that there was contributory negligence by the mother was correct, and that there was evidence to warrant the verdicts of the jury. Gibbons v. Williams, 135 Mass. 333. Marsland v. Murray, 148…
2Cases cited4 opinions
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Marsland v. MurrayMassachusetts Supreme Judicial Court · 1888
- Slattery v. O'ConnellMassachusetts Supreme Judicial Court · 1891
- Howland v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1889
3Cited by10 opinions
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
- McNeil v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1899
- Butler v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Grant v. City of FitchburgMassachusetts Supreme Judicial Court · 1893
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