Lawrence v. Fitchburg & Leominster Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT, the first containing counts for injury to the plaintiff’s automobile and personal injuries to the plaintiff and for consequential damages due to personal injuries to the plaintiff’s wife, who was the plaintiff in the second case, it- being alleged in three counts that the defendant negligently caused an electric car to run against the plaintiff’s automobile, and in three other counts that the defendant through its servants and agents “ most wilfully…
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Two ACTIONS OF TORT, the first containing counts for injury to the plaintiff’s automobile and personal injuries to the plaintiff and for consequential damages due to personal injuries to the plaintiff’s wife, who was the plaintiff in the second case, it- being alleged in three counts that the defendant negligently caused an electric car to run against the plaintiff’s automobile, and in three other counts that the defendant through its servants and agents “ most wilfully drove ” the car against the automobile. The second case was merely for personal injuries to the wife. Writs dated August 12,…
1Opinion of the CourtSheldon, J.
The jury might have found upon the evidence that the automobile in which the plaintiffs were riding became stalled in close proximity to the defendant’s track, that this was without any negligence on the part of either plaintiff, and that although the male plaintiff, hereinafter called the plaintiff, endeavored to start his automobile and get it away from its position of danger, and did everything in this behalf which was required by due care, he was unable to do so, and it was run into by the defendant’s car and damaged. If a finding that this collision was due to negligence of the…
2Cases cited5 opinions
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- Kerr v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Tozier v. Haverhill & Amesbury Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Le Blanc v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Creavin v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1900
3Cited by22 opinions
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
- Commonwealth v. HorsfallMassachusetts Supreme Judicial Court · 1913
- Basler v. Sacramento Gas & Elec. Co.California Supreme Court · 1910
- Austin v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929
- Driscoll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
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