Dwyer v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being struck by a street railway car of the defendant on May 2, 1913, when the plaintiff was working as a laborer in the employ of the Cambridge Gas Light Company in a trench about two and a half feet deep at a point between the two parallel tracks of the defendant on Huron Avenue in Cambridge.
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Tort for personal injuries from being struck by a street railway car of the defendant on May 2, 1913, when the plaintiff was working as a laborer in the employ of the Cambridge Gas Light Company in a trench about two and a half feet deep at a point between the two parallel tracks of the defendant on Huron Avenue in Cambridge. Writ dated July 21, 1913. In the Superior Court the case was tried before Brown, J. At the close of the evidence, which is described in the opinion, the defendant asked the judge to order a verdict for the defendant. The judge refused to do this and submitted the case to…
1Opinion of the CourtDe Courcy, J.
The issue of the motorman’s negligence rightly was submitted to the jury. He earlier had seen the employees of the gas company excavating the trench, which extended from the sidewalk to and under both sets of tracks. He testified that as he approached it at the time of the accident he saw a man digging in a hole between the two tracks. Presumably this was the plaintiff, who was working at that place. And the jury could accept the plaintiff’s statement that the car came down on him at a high rate of speed, without sounding a warning gong, and did not stop until it reached the next stopping…
2Cases cited3 opinions
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Kelly v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
3Cited by7 opinions
- Will v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Dube v. Keogh Storage Co.Massachusetts Supreme Judicial Court · 1920
- Reynolds v. MurphyMassachusetts Supreme Judicial Court · 1922
- Loyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927
- O'Neill v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1923
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