Rundgren v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being struck by an electric car operated by the defendant, on October 22,1904, at about half past seven o’clock in the morning, as the plaintiff was crossing Chelsea Street in that part of Boston called Charlestown. Writ dated April 20, 1907. At the trial in the Superior Court before Stevens, J., the plaintiff’s testimony was in substance as follows: The plaintiff was employed in the Navy Yard at Charlestown.
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Tort for personal injuries from being struck by an electric car operated by the defendant, on October 22,1904, at about half past seven o’clock in the morning, as the plaintiff was crossing Chelsea Street in that part of Boston called Charlestown. Writ dated April 20, 1907. At the trial in the Superior Court before Stevens, J., the plaintiff’s testimony was in substance as follows: The plaintiff was employed in the Navy Yard at Charlestown. On the morning of the accident he took a car running west to go to his work. When he reached the Navy Yard gate he found that it was 7.85 o’clock. If he…
1Opinion of the CourtLoring, J.
We are of opinion that as matter of law the plaintiff was guilty of negligence which contributed to the injury, and for that reason the judge was right in directing a verdict for the defendant. The case comes within Madden v. Boston Elevated Railway, 194 Mass. 491, and cases there cited. See also Holian v. Boston Elevated Railway, 194 Mass. 74; Beirne v. Lawrence & Methuen Street Railway, 197 Mass. 173.
The plaintiff was not entitled to go to the jury on his right to rely and his reliance in fact on the sign “ Go slowly,” and on the practice of the defendant in causing the other cars to “ slow…
2Cases cited4 opinions
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Madden v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Beirne v. Lawrence & Methuen Street Railway Co.Massachusetts Supreme Judicial Court · 1908
3Cited by13 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Landry v. HubertSupreme Court of Vermont · 1927
- Isaacson v. Boston, Worcester & New York Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Fogg v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1916
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