Gilbert v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while a passenger in a car of the defendant corporation. At the trial in the Superior Court, before Richardson, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear-in the opinion.
1Opinion of the CourtField, C. J.
The plaintiff fell from the running-board of an open electric car, and was injured. The principal question of fact in the case was whether the plaintiff stepped from the running-board to the ground after the car had started, or the conductor caused the car to start while the plaintiff was in the act of stepping off. Some other questions connected with this were whether the conductor caused the car to stop a reasonable length of time for passengers to alight; whether, at the time he caused the car to start after having it stopped, he had any-notice or knowledge that the plaintiff intended to…
2Cases cited2 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Nichols v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
3Cited by15 opinions
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1899
- Marable v. RailroadSupreme Court of North Carolina · 1906
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- McKarren v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
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