Carroll v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for the crushing of the plaintiff’s thumb by a door of a car of the defendant in which the plaintiff was a passenger, through the alleged negligence of the conductor of the car.
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Tort for the crushing of the plaintiff’s thumb by a door of a car of the defendant in which the plaintiff was a passenger, through the alleged negligence of the conductor of the car. Writ in the Municipal Court of the City of Boston dated January 7, 1902. On appeal to the Superior Court the case was tried before Aiken, J. At the close of the evidence the defendant requested the judge to direct a verdict for the defendant on the grounds that, as matter of law, the plaintiff’s keeping his hand in the door jamb until it was crushed was not due care and legally contributed to causing the…
1Opinion of the CourtLoring, J.
The evidence warranted the jury in finding these facts. The plaintiff was a passenger on a surface car of the de* *98fendanfc railway, on a cold day in December. The glass of the windows was so coated with frost that a person on the inside could not see out through them. The plaintiff wished to stop at the street next beyond Joiner Street, and supposing that the car had passed Joiner Street he gave a signal to the conductor to stop at the next street. As the car came to a standstill he got up from his seat and walked back toward the door, which the conductor had opened. He then saw that the car…
2Cited by8 opinions
- Camp v. SpringMichigan Supreme Court · 1928
- Silva v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Hines v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Kellogg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Cushman v. Boston, Worcester & New York Street Railway Co.Massachusetts Supreme Judicial Court · 1946
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