(DOWNLOAD) "Ahmedjian v. Erickson" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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eBook details

• Title: Ahmedjian v. Erickson
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 02, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

PIERCE, J. Upon the plaintiff's request, with the assent of the defendant and after two disagreements by the jury, this case comes before this court upon the allowance of a report thereof by the Superior Court. The action was one of tort, brought by the plaintiff as administrator of the estate of Vahey Ahmedjian who, on January 17, 1929, was almost instantly killed as the result of a collision of an automobile, operated by the defendant, with a sled upon which the plaintiff's intestate was coasting with two other boys. The intestate was three years and four months old. Immediately prior to the accident he was sliding on a sled down Elm Street in the town of Northbridge. 'Elm Street at the time of the accident was a privately owned street, which had been open to public use for some fifty years.' As the sled came from Elm Street, going slowly and turning to the left around the corner into Fletcher Street, it was struck by the automobile operated by the defendant, which was passing along Fletcher Street, and the boys were thrown in the direction of the center of Elm Street. Fletcher Street is a public way in the said town of Northbridge. The 'point of contact or collision between the automobile and sled in question was within the two side lines of Fletcher Street.' 'It is admitted that there was evidence that the driver of the automobile, as he approached upon Fletcher Street traveling east, and Azad Ahmedjian, as he approached Fletcher Street upon the sled traveling northerly upon Elm Street, could each have seen the other as soon as their respective lines of vision were not cut off by the northeasterly corner of the tenement house,' shown in an exhibit at the trial, and that the 'defendant was intending to go on Fletcher Street farther than Elm Street.' 'Just before the ordering of the verdict by the court * * * [for the defendant] the defendant admitted that there was evidence from which negligence of the defendant could be found,' and this opinion will proceed on that footing.

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