Massachusetts Supreme Judicial Court, 1899

Henderson v. Greenfield & Turner's Falls Street Railway Co.

Henderson v. Greenfield & Turner's Falls Street Railway Co.
Massachusetts Supreme Judicial Court · Decided February 28, 1899 · Morton
172 Mass. 542; 52 N.E. 1080; 1899 Mass. LEXIS 844

Henderson v. Greenfield & Turner's Falls Street Railway Co.

Opinion of the Court

Morton, J.

The ruling was right. Up to the moment of the accident there was nothing in the behavior of the horse which rendered it negligent on the part of the motorman to ring the gong, and it cannot be said that to ring the gong on an electric *544car in a public street half a dozen or a dozen times, which the plaintiff says was done, is of itself, without anything more, evidence of negligence. There was nothing to show that the noise and sparks were due to any defect in construction or negligence in operation. Exceptions overruled.

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