Legal Opinion

Stone v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided March 1, 1912PublishedCited by 6 opinions

Tort by the administrator of the estate of Asher S. Stone for causing, the death of the plaintiff’s intestate as stated in the opinion. Writ dated December 18, 1907. In the Superior Court the case was tried before Morton, J., who at the close of the plaintiff’s evidence ordered a verdict for the defendant. The plaintiff alleged exceptions.

1Opinion of the CourtHammond, J.

While crossing the tracks of the defendant on Washington Street in this city, near Guild Street, about nine o’clock in the forenoon of August 3, 1907, the plaintiff’s intestate, a man then sixty-three years of age, was struck by a car and killed.

The accident occurred in broad daylight. There is no evidence that the deceased received any invitation from the defendant or any one else to cross, nor that there were any other vehicles to complicate the situation or to distract his attention at the precise time of the accident. Nor was there anything to shut off the view of the car for at least…

2Cases cited2 opinions

  1. Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  2. Albee v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911

3Cited by6 opinions

  1. Fitzpatrick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
  2. Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  3. O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  4. Plympton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  5. Morse v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914

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