Legal Opinion

Newcomb v. Boston Protective Department

Massachusetts Supreme Judicial Court

Decided May 4, 1888PublishedCited by 112 opinions

Tort for personal injuries occasioned to the plaintiff, a cabdriver, by a collision between the cab and a wagon of the defendant.

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Tort for personal injuries occasioned to the plaintiff, a cabdriver, by a collision between the cab and a wagon of the defendant. At the trial in the Superior Court, before Blodgett, J., evidence was introduced tending to show that the defendant was incorporated under the St. of 1874, c. 61,* for the protection of life and property at fires in the city of Boston, and that the collision occurred while one of its wagons, with its regular complement of men, was responding to a fire alarm; that the wagon was proceeding along Washington Street in a northerly direction; that the cab, upon which the…

1Opinion of the CourtKnowlton, J.

The plaintiff brought his action to recover for injuries received while sitting upon his cab, from the negligent driving of a wagon against it by a servant of the defendant corporation. There was evidence tending to show that, at the time of the accident, he was violating an ordinance of the city of Boston, by waiting in a street without placing his vehicle and horse lengthwise with the street, as near as possible to the sidewalk, and that this illegal conduct contributed to the injury. There was evidence applicable in like manner to another similar ordinance, which requires every driver of a…

2Cases cited16 opinions

  1. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  2. Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
  3. Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
  4. Flynn v. Canton Co.Court of Appeals of Maryland · 1874
  5. Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860

11 more not listed; retrieve them via the Exa API.

3Cited by112 opinions

  1. Martin v. HerzogNew York Court of Appeals · 1920
  2. Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
  3. Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
  4. Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
  5. Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909

107 more not listed; retrieve them via the Exa API.

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