McDonough v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by being thrown from and run over by a car of the defendant on Massachusetts Avenue in Cambridge on the evening of Sunday April 28, 1901, through the alleged negligence of the defendant’s agents and servants. Writ dated May 17, 1901. At the trial in the Superior Court Maynard, J. ordered a verdict for the defendant; and the plaintiff alleged exceptions. The evidence is described in the opinion.
1Opinion of the CourtBraley, J.
If the version of the accident given by the defendant’s witnesses was accepted, the plaintiff, observing that he was being carried beyond his destination, after being warned of the danger, jumped from the car while it was moving. Although it was uneontroverted that at the time he was riding on the front platform, his evidence in substance showed that after informing the motorman where he wished to get off, and the motorman indicating his assent, later noticing that the car had passed beyond this point, he again spoke, and the brake was applied, when, as the plaintiff was preparing to alight,…
2Cases cited11 opinions
- Robinson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Bachant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Block v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
- Wills v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McNicholas v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Cutts v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Tompkins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Perivoliotis v. EvelethMassachusetts Supreme Judicial Court · 1925
4 more not listed; retrieve them via the Exa API.