Whitney v. Wellesley & Boston Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while a passenger upon an open car of the defendant by reason of the seat in front of her breaking and falling against her leg.
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Tort for personal injuries received by the plaintiff while a passenger upon an open car of the defendant by reason of the seat in front of her breaking and falling against her leg. Writ in the Superior Court for the county of Middlesex, dated April 4, 1903. There was a trial before Bond, J. The plaintiff testified that, just before she was injured, she had moved to the right end of the seat, preparatory to getting out, that she was facing the front, and that the heel of her right foot was toward the outside. She also testified that her right leg was injured. A superintendent of the defendant…
1Opinion of the CourtBraley, J.
If trial by jury is to retain its efficiency, the presiding judge by means of suitable instructions must enable jurors to see their way clearly to a right verdict. The provisions of R. L. c. 173, § 80, which first appeared in Gen. Sts. c. 115, § 5, that “the courts shall not charge juries with respect to matters of fact, but they may state the testimony and the law,” were not intended to destroy this salutary power. In the construction of the statute it uniformly has been held that, in charging juries, the judge, although prohibited from stating his opinion as to the credibility of witnesses,…
2Cases cited10 opinions
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Durant v. BurtMassachusetts Supreme Judicial Court · 1867
- Bishop v. Journal Newspaper Co.Massachusetts Supreme Judicial Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. LewisMassachusetts Supreme Judicial Court · 1963
- Commonwealth v. MerolaMassachusetts Supreme Judicial Court · 1989
60 more not listed; retrieve them via the Exa API.