Massachusetts Supreme Judicial Court, 1899

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

Cases that cite this one

2 later published cases cite this decision.

Dong Chong v. Honolulu Rapid Transit & Land Co. (Haw. 1904)
O'Brien v. Blue Hill Street Railway Co. (Mass. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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