Nute v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Two actions of tort, the first by a married woman for personal injuries received by her when a passenger on a train of the defendant which left Lynn for Boston at 5.17 P. M. on September 26, 1905, by reason of her being driven from the train by a fight, in which knives and pistols were used, between other passengers in the same car with the plaintiff, and the second by the husband of the plaintiff in the first case for consequential damages suffered by reason of her…
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Two actions of tort, the first by a married woman for personal injuries received by her when a passenger on a train of the defendant which left Lynn for Boston at 5.17 P. M. on September 26, 1905, by reason of her being driven from the train by a fight, in which knives and pistols were used, between other passengers in the same car with the plaintiff, and the second by the husband of the plaintiff in the first case for consequential damages suffered by reason of her injuries. Writs dated respectively April 20-1910, and November 26, 1909. In the Superior Court the cases were tried together…
1Opinion of the CourtSheldon, J.
We agree with the defendant’s counsel that under the instructions given by the judge to the jury at the trial no question of negligence after the defendant’s train had started from, the station at Lynn was left to the jury, and that the only ground *187of liability that was so left was as to whether the defendant had sufficient and seasonable notice from all the circumstances, including what occurred at the station that very afternoon before the train started, of the danger of the impending disturbance to make it liable for the consequences thereof, and that therefore the only question now open…
2Cases cited3 opinions
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Morse v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1913
3Cited by12 opinions
- Commonwealth v. LibbeyMassachusetts Supreme Judicial Court · 1914
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Jackson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Brown v. KnightMassachusetts Supreme Judicial Court · 1972
- Rich v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
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