Gould v. Elder
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff being struck by an automobile. Writ dated September 20, 1911. The action was begun against Edward M. Elder. Later by amendment Edward E. Elder was added as a defendant. Before the case was submitted to the jury, it was discontinued against Edward M. Elder. In the Superior Court the case was tried before Sanderson, J. Material evidence is described in the opinion.
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Tort for personal injuries caused by the plaintiff being struck by an automobile. Writ dated September 20, 1911. The action was begun against Edward M. Elder. Later by amendment Edward E. Elder was added as a defendant. Before the case was submitted to the jury, it was discontinued against Edward M. Elder. In the Superior Court the case was tried before Sanderson, J. Material evidence is described in the opinion. It was stated in the bill of exceptions that “there was sufficient evidence for the jury that the accident in question and the injury to the plaintiff might have been caused by the…
1Opinion of the CourtCrosby, J.
The plaintiff, a boy nine years old, while a traveller upon a public way, was struck by an automobile and injured. The automobile was operated by one Herbert W. Elder, a brother of the defendant Edward M. Elder, and a son of Edward E. Elder, the other defendant. The action has been discontinued against Edward M. Elder, and the case was submitted to the jury solely against Edward E. Elder.
■The only question presented is whether upon the evidence the jury were warranted in finding the defendant Edward E. Elder chargeable with the negligence of his son Herbert. This question is raised by the…
2Cases cited2 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
3Cited by25 opinions
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Brown v. Chevrolet Motor Co.California Court of Appeal · 1919
- Fairbanks v. KempMassachusetts Supreme Judicial Court · 1917
- McDonald v. DundonMassachusetts Supreme Judicial Court · 1922
- Bacon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1926
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