Driscoll v. West End St. Ry. Co.

Citation34 N.E. 171,159 Mass. 142
PartiesDRISCOLL v. WEST END ST. RY. CO.
Decision Date19 May 1893
CourtUnited States State Supreme Judicial Court of Massachusetts

SYNOPSIS

Exceptions from superior court, Suffolk county; John Hopkins, Judge.

Action by Patrick Driscoll against the West End Street-Railway Company for personal injuries. The court directed a verdict for defendant, and plaintiff excepts. Exceptions sustained.

OPINION

On December 11, 1890, plaintiff was driving a wagon weighing 3,850 pounds, loaded with coal to the amount of 31/4 tons, and, after coming through Portland street, drove into Hanover street, and was crossing Hanover street diagonally, in order to reach Elm street, which runs from the side of Hanover street opposite Portland street, and about 50 feet south. The cars were going down Hanover street. The collision took place nearly opposite Elm street. The distance from the nearest point on Court street to the nearest point on Elm street, measuring on Hanover street, was 440 feet. The distance along Hanover street, between the nearest points on Portland and Elm streets, was 50 feet, and the width of Hanover street in the vicinity of Elm street was 61 feet between the buildings. The plaintiff testified that when he reached Hanover street, as soon as he could see, he looked up and down Hanover street, and saw the cars which struck him coming towards him on Hanover street, and at that time about 50 feet from Court street; that he continued along, and, when he found that the car was approaching too close to him, he "stirred up" his horses to get over the track; that there were two car tracks running through Hanover street; that he crossed the one on the side nearest Portland street, and he had reached a point where his horses were just over the other track towards Elm street with his front wheels on the further rail of this track, when the car struck the forward wheel his team, breaking the axle, and throwing him to the ground.

COUNSEL

J.H. Ponce, for plaintiff.

M.F. Dickinson and W.B. Sprout, for defendant.

FIELD C.J.

Street-railway companies are not subject to the provisions of Pub.St. c. 93. By Pub.St. c. 113, § 37, whoever maliciously delays or obstructs the passing of the cars on the tracks of such a company is to be punished, and by section 38, Id., the company is to be punished if it willfully or negligently obstructs the passing of carriages over a street or highway. Street-railway companies, under the decision of Com. v Temple, 14 Gray, 69, in running their cars, have certain rights in the streets different from those which belong to the drivers of ordinary vehicles, but none of these rights is directly involved in the case at bar, although it may perhaps be a fact to be considered that the plaintiff's wagon could proceed in any direction along the streets, while the defendant's car must proceed, if at all, on the line of its tracks. The drivers and conductors of street-railway cars, whatever the motive power, have in general the same rights and duties with reference to other vehicles crossing their course that the drivers of omnibuses have, for example, or that the driver of any other vehicle has. O'Neil v. Railroad Co., 129 N.Y. 125, 29 N.E. 84. It was said in Com. v. Temple, that "where the entire public, each according to his own exigencies, has a right to the use of the highway, in the absence of any special regulation by law, the right of each is equal." "Each may use it to his own best advantage, but with a just regard to the like right of others. Persons in light carriages, for the conveyance of persons only, have occasion, and of course a right, when not expressly limited by law, to travel at a high rate of speed, so that they do not endanger others. But all foot...

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1 cases
  • Driscoll v. West End St. Ry. Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 19 Mayo 1893
    ...159 Mass. 14234 N.E. 171DRISCOLLv.WEST END ST. RY. CO.Supreme Judicial Court of Massachusetts, Suffolk.May 19, Exceptions from superior court, Suffolk county; John Hopkins, Judge. Action by Patrick Driscoll against the West End Street-Railway Company for personal injuries. The court directe......

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