Benoit v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries alleged to have been received by a woman from being thrown to the floor of a street railway car of the defendant by reason of its negligent management. The second action was by the husband of the plaintiff in .the first action for consequential damages. Writs dated April 22, 1911. The cases were tried together before Hitchcock, J. The facts which the plaintiff's evidence tended to show are stated in the opinion.
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Two actions of tort, the first for personal injuries alleged to have been received by a woman from being thrown to the floor of a street railway car of the defendant by reason of its negligent management. The second action was by the husband of the plaintiff in .the first action for consequential damages. Writs dated April 22, 1911. The cases were tried together before Hitchcock, J. The facts which the plaintiff's evidence tended to show are stated in the opinion. There also was evidence that the car was a closed car with vestibules; that the accident occurred on January 31, 1911; that the…
1Opinion of the CourtDe Courcy, J.
Melvina Benoit, hereinafter called the plaintiff, seeks to recover for personal injuries received from being thrown to the floor of the defendant’s car in which she was a passenger. There is no controversy as to her due care. The questions raised by the exceptions are whether there was evidence for the jury that the conductor started the car too soon, or that the motorman started it in a negligent manner.
1. When a car has been stopped for the purpose of taking on a passenger it is the duty of the conductor not to give the starting signal until the passenger has got into such a position on the…
2Cases cited5 opinions
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Weeks v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Sauvan v. Citizens' Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hamilton v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Tupper v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
3Cited by5 opinions
- Seidenberg v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929
- Connor v. Washington Railway & Electric Co.Court of Appeals for the D.C. Circuit · 1915
- Hallinan v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1930
- Walters v. Des Moines City Railway Co.Supreme Court of Iowa · 1920
- O'Loughlin v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1915