Chadbourne v. Springfield Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received on March 31, 1907, on Plainfield Street Bridge in Springfield, which is a bridge over the tracks of the Boston and Maine Railroad approached at a steep grade at each end, while the plaintiff was being driven as a guest in an automobile by one Reed, an automobile tester, by reason of the automobile, after it had come to a stop, being run into by a car of the defendant alleged to have been operated negligently at a high rate of speed by a…
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Tort for personal injuries received on March 31, 1907, on Plainfield Street Bridge in Springfield, which is a bridge over the tracks of the Boston and Maine Railroad approached at a steep grade at each end, while the plaintiff was being driven as a guest in an automobile by one Reed, an automobile tester, by reason of the automobile, after it had come to a stop, being run into by a car of the defendant alleged to have been operated negligently at a high rate of speed by a motorman in the employ of the defendant. Writ dated June 6, 1907. . In the Superior Court the case was tried before Wait,…
1Opinion of the CourtSheldon, J.
The question of the plaintiff’s due care was for the jury. She seems to have conducted herself as an invited guest of the driver of an automobile or other vehicle naturally would do. She trusted him as to the running of the machine; that is, she did not attempt to interfere with his management of the automobile. In view of her inexperience and of what might have been found to be the skill and experience of the driver, the jury might well have thought that this was a wise course on her part. Nor was there any relation of agency between her and the driver such as of itself would affect her with…
2Cases cited7 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Miller v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Tashjian v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gibbons v. DenoncourtMassachusetts Supreme Judicial Court · 1937
- Tennessee Central Railroad v. VanhoyTennessee Supreme Court · 1920
- Leveillee v. WrightMassachusetts Supreme Judicial Court · 1938
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Wilson v. Puget Sound Electric RailwayWashington Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.