Gorham v. Milford, Attleborough & Woonsocket Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, against a street railway company, under R. L. c. 111, § 267, for running down and killing the plaintiff’s intestate on a road in Hopedale on the evening of July 15, 1904, by reason of the alleged negligence of the defendant in the operation of its road or the gross negligence of its servants and agents.
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Tort, against a street railway company, under R. L. c. 111, § 267, for running down and killing the plaintiff’s intestate on a road in Hopedale on the evening of July 15, 1904, by reason of the alleged negligence of the defendant in the operation of its road or the gross negligence of its servants and agents. Writ dated September 16, 1904. At the trial in the Superior Court Pierce, J. at the close of the plaintiff’s evidence ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The plaintiff’s intestate, while walking along a road in the evening, was run over and killed by one of the defendant’s electric cars. We will assume, in favor of the plaintiff, that there was evidence from which the jury might have found that the motor man was grossly negligent just before *276the accident, in being engaged in conversation with a passenger who sat near him on the front seat. The question before us is whether there was any evidence that the plaintiff’s intestate was in the exercise of due care.
He was familiar with the road on which the ear was running, and he knew of the…
2Cases cited5 opinions
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- Gleason v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Itzkowitz v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Cox v. South Shore & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Dooley v. Greenfield & Turners Falls Street Railway Co.Massachusetts Supreme Judicial Court · 1903
3Cited by5 opinions
- Chaput v. Haverhill, Georgetown & Danvers Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Kelly v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Lizotte v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
- McCulloch v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1914
- Raymond v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1916