MacFarlane v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT under R. L. c. 51, .§§ 17, 18, R. L. c. Ill, § 267, and R. L. c. 171, § 2, by the administratrix of the estate of Robert H. MacFarlane respectively against the Boston Elevated Railway Company and the city of Cambridge, for personal injuries to and the death of the plaintiff’s intestate, and for injuries to his property caused by being thrown from a bicycle while riding on Massachusetts Avenue in Cambridge at a point opposite its intersection with Windsor…
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Two ACTIONS OF TORT under R. L. c. 51, .§§ 17, 18, R. L. c. Ill, § 267, and R. L. c. 171, § 2, by the administratrix of the estate of Robert H. MacFarlane respectively against the Boston Elevated Railway Company and the city of Cambridge, for personal injuries to and the death of the plaintiff’s intestate, and for injuries to his property caused by being thrown from a bicycle while riding on Massachusetts Avenue in Cambridge at a point opposite its intersection with Windsor Street, on August 16, 1904. Writs dated November 16, 1904. In the Superior Court the cases were tried together before…
1Opinion of the CourtKnowlton, C. J.
The plaintiff’s intestate, while riding on a bicycle on one of the tracks of the defendant railway company, came upon a place filled with sand, where work which was then being done was unfinished, and he was thrown upon the other track in front of an approaching car and killed. The two defendants were engaged in reconstructing and repaving the street, the city doing that part of the work outside of the tracks of the street railway, and the railway company that part within its tracks. The street had settled, and at the place of the accident one of the tracks had been raised about a foot above…
2Cases cited7 opinions
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Compton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1901
- Jones v. CollinsMassachusetts Supreme Judicial Court · 1901
- Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Clinton v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1907
- Chapman v. City of BostonMassachusetts Supreme Judicial Court · 1925
- Connors v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1917
2 more not listed; retrieve them via the Exa API.