Legal Opinion

Lang v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided May 20, 1912PublishedCited by 17 opinions

Tort for personal injuries from being run into by a street car of the defendant on Devonshire Street in Boston, the declaration being in a single count and alleging as the cause of the injuries "negligence and carelessness of the defendant, its servants, agents or employees.”

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Tort for personal injuries from being run into by a street car of the defendant on Devonshire Street in Boston, the declaration being in a single count and alleging as the cause of the injuries "negligence and carelessness of the defendant, its servants, agents or employees.” Writ dated July 20, 1907. In the Superior Court the case was tried before King, J. The defendant excepted to the admission of evidence as to the length of time of the employment of, and the extent of instructions given to the motorman in charge of the car which ran into the plaintiff, and to the admission of testimony of…

1Opinion of the CourtHammond, J.

One of the questions was whether in the circumstances of the collision between the plaintiff and the defendant’s car the motorman was negligent. That was to be determined by his acts either of commission or omission. Upon the questions what those acts were and whether they or any of them were negligent, the length of time he had been in the defendant’s employ as a motorman and the nature and amount of his instructions were entirely immaterial and the evidence upon those matters was wrongly admitted. The defendant seasonably excepted to its admission. It is suggested by the plaintiff that…

2Cited by17 opinions

  1. Reardon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
  2. Conrad v. MazmanMassachusetts Supreme Judicial Court · 1934
  3. Allen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
  4. Kenyon v. HathawayMassachusetts Supreme Judicial Court · 1931
  5. Di Rienzo v. GoldfarbMassachusetts Supreme Judicial Court · 1926

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