McDermott v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by an infant by her next friend for injuries from being struck and knocked down by a car of the defendant. Writ dated December 18, 1899. At the trial in the Superior Court Bishop, J. at the close of the plaintiff’s evidence ordered a verdict for the defendant, on the ground that the evidence did not disclose that the plaintiff was in the exercise of due care. The plaintiff alleged exceptions.
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Tort by an infant by her next friend for injuries from being struck and knocked down by a car of the defendant. Writ dated December 18, 1899. At the trial in the Superior Court Bishop, J. at the close of the plaintiff’s evidence ordered a verdict for the defendant, on the ground that the evidence did not disclose that the plaintiff was in the exercise of due care. The plaintiff alleged exceptions. The case was argued at the bar in March, 1903, before Knowlton, C. J., Lathrop, Barker, Hammond, Braley, JJ., and aftexwai’ds was submitted on briefs to all the justices.
1Opinion of the CourtBraley, J.
At the time of the accident, the plaintiff, a child six and a half years of age, was on the cross walk at the intersection of Highland Avenue with Cherry Street in the city of Somerville, and as she was passing over the track of the defendant, one of its cars struck her. The defendant offered no evidence at the trial, but at the close of the plaintiff’s case asked the judge to rule that she was not in the exercise of due care and could not recover. The judge so ruled, and the case is here on her exception to the ruling.
The plaintiff did not testify, but from the evidence set out in the…
2Cases cited15 opinions
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
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3Cited by24 opinions
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
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