Young v. Small
Massachusetts Supreme Judicial Court
Tort, by a girl nine years of age, for personal injuries from being run over by a horse and provision wagon of the defendants on Sagamore Street at or near the corner of Newbury Avenue in Quincy on January 30, 1903. Writ dated April 2,1903. At the trial in the Superior Court before Schofield, J., it appeared that the plaintiff was going home from school with other children and that they had been “ playing chase ” along New-bury Avenue, that the plaintiff and another girl,…
Read the full summary
Tort, by a girl nine years of age, for personal injuries from being run over by a horse and provision wagon of the defendants on Sagamore Street at or near the corner of Newbury Avenue in Quincy on January 30, 1903. Writ dated April 2,1903. At the trial in the Superior Court before Schofield, J., it appeared that the plaintiff was going home from school with other children and that they had been “ playing chase ” along New-bury Avenue, that the plaintiff and another girl, eleven years of age, took hold of hands and started to run across Sagamore Street-,,that the boys with whom they were…
1Opinion of the CourtBraley, J.
The plaintiff, a girl nine years of age, was returning from school with a companion, and they with other children were .engaged in playing in the street, through which at *5the same time the defendants’ team was passing in charge of their servant.
Her testimony showed that she was not giving any attention to the use of the street by others, being entirely absorbed in play, when without looking to see if there were passing teams, or if it was free from obstructions, she deliberately ran across the street, and was struck by the horse and knocked down.
It may be conceded that she had reached an age…
2Cases cited5 opinions
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Morey v. Gloucester Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Mullen v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Sewell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by13 opinions
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
8 more not listed; retrieve them via the Exa API.