Dickinson v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff through the negligence of the defendant’s servants. The plaintiff died after the action was brought, and his administratrix was permitted to prosecute the action. Writ dated February 18, 1898. At the trial in the Superior Court, before Richardson, J., the plaintiff’s administratrix introduced evidencé tending to show that on January 28, 1897, between twelve o’clock at noon and one o’clock p.
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Tort, for personal injuries sustained by the plaintiff through the negligence of the defendant’s servants. The plaintiff died after the action was brought, and his administratrix was permitted to prosecute the action. Writ dated February 18, 1898. At the trial in the Superior Court, before Richardson, J., the plaintiff’s administratrix introduced evidencé tending to show that on January 28, 1897, between twelve o’clock at noon and one o’clock p. M., the plaintiff was standing on the front platform of a car running from Eoxbury Crossing to Jamaica Plain, and that while running “ pretty fast ”…
1Opinion of the CourtKnowlton, J.
The question in this case is whether the plaintiff was on the defendant’s car as a passenger at the time of the accident, or whether he was at that moment in the service of the defendant, in such a sense that the negligent motorman was his fellow servant.
The defendant had made a rule, “ permitting policemen, firemen, advertising agents, news agents and employees of the defendant company in uniform to ride free at any time, such persons being required to ride upon the front platform so far as practicable.” At the time of the accident the plaintiff was riding on the front platform under this…
2Cases cited9 opinions
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- State ex rel. Abell v. Western Maryland RailroadCourt of Appeals of Maryland · 1885
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- Pigeon v. LaneSupreme Court of Connecticut · 1907
- Ross v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1916
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