Stevens v. Boston Elevated Railway. Co.

69 N.E. 338 (1904)

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Stevens v. Boston Elevated Railway. Co.

Massachusetts Supreme Judicial Court
69 N.E. 338 (1904)

Facts

Charles Stevens (Charles) was driving his carriage on the road when he was hit by a streetcar. The streetcar was operated by a driver employed by Boston Elevated Railway Company (BERC) (defendant). Charles died from his injuries. Sarah Stevens (plaintiff), the administrator of Charles’s estate, brought suit against BERC. The court found in favor of Stevens, and BERC brought exceptions. BERC’s exceptions were based on the fact that Stevens was allowed to rely on a rule that BERC had made for its drivers. The rule stated that drivers must ring a gong at any point that they are about to encounter pedestrians, cars, or vehicles. The drivers must also ring the gong at all street crossings. The BERC driver had failed to do either before striking Charles.

Rule of Law

Issue

Holding and Reasoning (Knowlton, C.J.)

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