Shultz v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the collision of an electric car of the defendant with a carriage in which the plaintiff was being driven.
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Tort for personal injuries caused by the collision of an electric car of the defendant with a carriage in which the plaintiff was being driven. Writ dated February 3, 1903. At the trial in the Superior Court before Hitcheoclc, J. there was evidence introduced by the plaintiff tending to show that the plaintiff was -being driven in a carriage by a friend, one Barembaum, on Pleasant Street in the city of Fall River; that Barembaum owned the horse and carriage and “ was giving her a ride to her home”; that the plaintiff in no way interfered with Barenbaum’s driving, in no manner controlled him…
1Opinion of the CourtRugg, J.
This case fairly raises the question as to whether the negligence of the driver of a vehicle is to be imputed to a guest, riding with him gratuitously and personally in the exercise of all the care, which ordinary caution requires. The first case in our own court, which occasioned any discussion as to the identification of a passenger with a driver, was Allyn v. Boston & Albany Railroad, 105 Mass. 77. The injuries out of which that action grew were received at a crossing at grade of a highway and steam railroad. The plaintiff personally failed to exercise any care for his own safety at a…
2Cases cited77 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Galveston v. KutacTexas Supreme Court · 1889
72 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
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- Nash v. LangMassachusetts Supreme Judicial Court · 1929
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- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
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