Kelley v. Boston & Northern Street Railway Co.
Cases that cite this one
5 later published cases cite this decision.
- Gavin v. Jacobs (Mass. 1927)
- West v. City of Medford (Mass. 1926)
- Larkin v. Boston Elevated Railway Co. (Mass. 1925)
- McDonough v. Vozzela (Mass. 1924)
- Parsons v. Boston Elevated Railway Co. (Mass. 1920)
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
The evidence showed that the plaintiff, a strong, bright boy between five and six years old, on a summer evening in August, 1910, during daylight, was, with other boys, on the side of a street at a watering trough, in which there was a turtle. Suddenly he seized the turtle, and followed or chased by other boys, ran diagonally across the street, without looking for cars, until he reached the tracks of the defendant laid in the street, when some bystander, seeing his danger from a near by rapidly approaching car, called out to him. He then paused an instant, and was struck and injured by the car, which came to a stop within fifteen feet or thereabouts.
The car was in plain sight and there was no other traffic in the
Exceptions overruled.
By Bell, J. The verdict was ordered at the close of the plaintiff’s evidence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.