Feeley v. City of Melrose
Massachusetts Supreme Judicial Court
Three actions of tort, two for personal injuries alleged to have been sustained by reason of an automobile in which the plaintiffs Stevens and Feeley were passengers running into an open trench in Franklin Street, a public highway of the defendant, on the evening of July 5, 1907, and the third action by the owner of the automobile for injury to his property.
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Three actions of tort, two for personal injuries alleged to have been sustained by reason of an automobile in which the plaintiffs Stevens and Feeley were passengers running into an open trench in Franklin Street, a public highway of the defendant, on the evening of July 5, 1907, and the third action by the owner of the automobile for injury to his property. Writs dated November 29, 1907. In the Superior Court the cases were tried together before Hitchcock, J. The jury took a view of the scene of the accident. There was evidence on the part of the plaintiffs tending to show that at about…
1Opinion of the CourtSheldon, J.
In our opinion the fifth and sixth requests should have been given in each one of the cases. If the injury to the individual plaintiffs was due in part to the negligence of Brooks in driving the automobile, then it could not be said that the defect in the highway was the sole cause of their injury within the meaning of our decisions. Kidder v. Dunstable, 7 Gray, 104. Shepherd v. Chelsea, 4 Allen, 113. Pratt v. Weymouth, 147 Mass. 245, 252. Block v. Worcester, 186 Mass. 526. This would not be a case where the concurring cause of the injury was the merely innocent act of a third party, as in…
2Cases cited10 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Pratt v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
27 more not listed; retrieve them via the Exa API.