Russo v. Charles S. Brown Co.
Massachusetts Supreme Judicial Court
Two actions of tort, respectively for personal injuries and loss of services as described in the opinion. Writs dated March 24, 1903. At the trial in the Superior Court Harris, J., refused to rule that the plaintiff could not recover or that the plaintiff was not in the exercise of due care or that there was no evidence of negligence on the part of the defendant.
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Two actions of tort, respectively for personal injuries and loss of services as described in the opinion. Writs dated March 24, 1903. At the trial in the Superior Court Harris, J., refused to rule that the plaintiff could not recover or that the plaintiff was not in the exercise of due care or that there was no evidence of negligence on the part of the defendant. He submitted the cases to the jury, who returned a verdict for the plaintiff in the first case in the sum of $1,700 and a verdict for the plaintiff in the second case in the sum of $300. The defendant alleged exceptions.
1Opinion of the CourtLoring, J.
The first of these actions is brought to recover for injuries suffered by the plaintiff. The second is an action brought by the father of the plaintiff in the first action for the loss of his son’s services.
The plaintiff in the first action (hereinafter spoken of as the plaintiff) was nine years and one month old at the time of the *474accident. The story told by the plaintiff on the witness stand was as follows: About five o’clock in the afternoon of February 7, he (the plaintiff), his brother and another boy named Marco Angelus left the Public Garden in Boston (where they had been playing) for…
2Cases cited11 opinions
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Boni v. GoldsteinMassachusetts Supreme Judicial Court · 1931
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
- Tripp v. TaftMassachusetts Supreme Judicial Court · 1914
- Mills v. PowersMassachusetts Supreme Judicial Court · 1913
6 more not listed; retrieve them via the Exa API.