Deagle v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused, while the plaintiff was a passenger on a train of the defendant, by a missile which crashed through a window and struck her. Writ dated August 22, 1910. In the Superior Court the case was tried before Sanderson, J. The plaintiff alone testified in her own behalf, and her testimony and that of the baggage master of the train, who, with others, testified for the defendant, are described in the opinion.
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Tort for personal injuries alleged to have been caused, while the plaintiff was a passenger on a train of the defendant, by a missile which crashed through a window and struck her. Writ dated August 22, 1910. In the Superior Court the case was tried before Sanderson, J. The plaintiff alone testified in her own behalf, and her testimony and that of the baggage master of the train, who, with others, testified for the defendant, are described in the opinion. At the close of the evidence, by agreement of the parties the case was submitted to the jury for assessment of damages alone. The jury…
1Opinion of the CourtDe Courcy, J.
The plaintiff was a passenger on a train of the defendant running from Hyde Park to Boston, and was seated on the left side of the car, next to the window. Soon after she passed the Heath Street station some object crashed through the glass, making a hole about the size of a half dollar, and struck her on the left arm, thereby inflicting the injury complained of. Later the baggage master, in searching, found a stone under the seats on the opposite side of the car from where the plaintiff sat. It was about the size of a hen’s egg, corresponded with the hole in the window, and was clean, with…
2Cases cited3 opinions
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Trim v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1912
3Cited by8 opinions
- Stangy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
- Guell v. TenneyMassachusetts Supreme Judicial Court · 1928
- Gunning v. KingMassachusetts Supreme Judicial Court · 1918
- Holland v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932
- Ginsberg v. Metropolitan Transit AuthorityMassachusetts Supreme Judicial Court · 1956
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