Vine v. Berkshire Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff being thrown from an open street car of the defendant by the car being started as she was alighting. Writ dated December 23, 1910. In the Superior Court the case was tried before Fox, J. The plaintiff was the only witness who testified to the circumstances of the accident. The substance of her testimony is stated in the opinion.
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Tort for personal injuries caused by the plaintiff being thrown from an open street car of the defendant by the car being started as she was alighting. Writ dated December 23, 1910. In the Superior Court the case was tried before Fox, J. The plaintiff was the only witness who testified to the circumstances of the accident. The substance of her testimony is stated in the opinion. At the close of the evidence, the defendant asked for the following rulings: “1. Upon all the evidence the plaintiff is not entitled to recover. “2. If, at the time the signal to start the car was given, the plaintiff…
1Opinion of the CourtBraley, J.
The rulings requested by the defendant could not have been given. It apparently offered no evidence directly controlling the testimony of the plaintiff, from which the jury would have been warranted in finding, that the conductor, who had been informed of the plaintiff’s purpose, stopped the car to enable her and other passengers to alight. By this act the defendant assured the plaintiff, that she would have a reasonable opportunity to pass safely to the street, and in appropriate-language the jury were so instructed. Rand v. Boston Elevated Railway, 198 Mass. 569, 571, and cases cited. The…
2Cases cited8 opinions
- Kellogg v. TompsonMassachusetts Supreme Judicial Court · 1886
- Brooks v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1883
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Rand v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- McDonough v. MillerMassachusetts Supreme Judicial Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- James v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Maidman v. RoseMassachusetts Supreme Judicial Court · 1925
- Harrison v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- O'Loughlin v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1915
3 more not listed; retrieve them via the Exa API.