Rosenberg v. West End Street Railway Co.
This text of 47 N.E. 435 (Rosenberg v. West End Street Railway Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
There was evidence tending to show that the car was moving very fast, some ten or eleven miles an hour, through a much frequented street in the city of Boston ; that the gong was not sounded ; that the plaintiff and her companion, who was another child of about her own age, before starting to cross the street, looked both ways to see if a car was coming, and saw nothing; that the plaintiff was crossing slowly ; and that the car came upon her and struck her and ran over her. The evidence upon these points was conflicting; but if the plaintiff’s evidence was believed by the jury, it was competent for them to find that she was in the exercise of due care, and that the defendant’s motorman was negligent.
Exceptions overruled.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
47 N.E. 435, 168 Mass. 561, 1897 Mass. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-west-end-street-railway-co-mass-1897.