Sexton v. West Roxbury & Roslindale Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been caused by the negligence of the defendant’s servants in running an electric car of the defendant against .a coal cart driven by the plaintiff on Oakland Street in that part of Boston called Dorchester on October 12, 1899. Writ dated November 22, 1899. At the trial in the Superior Court Pierce, J. at the close of the plaintiff’s evidence ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtLoring, J.
We are of opinion that the exceptions in this case must be sustained.
The plaintiff testified that he was run into from behind by an electric car of the defendant, as he was driving home on a dark road, at 7.30 P. M. on October 12. The defendant had a single track on the right hand side of the road facing east, the direction in which the plaintiff was driving. To the right of the track there was no roadway. To the left of it the road was wrought for travel for twelve or fifteen feet. The plaintiff had been hauling coal, and was driving his coal cart home empty. He testified as follows: “ You…
2Cases cited1 opinion
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
3Cited by5 opinions
- Texeira v. SundquistMassachusetts Supreme Judicial Court · 1934
- Callahan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Chaput v. Haverhill, Georgetown & Danvers Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Herman v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Chick v. ObeyMassachusetts District Court, Appellate Division · 1940