Legal Opinion

Elger v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided February 26, 1917PublishedCited by 8 opinions

Tort for personal injuries alleged to have been sustained by the plaintiff on May 6, 1911, between eleven and twelve o’clock at night, when she was alighting as a passenger from an electric street railway car of the defendant on Boston Avenue near Arlington Street in West Medford, a usual stópping place for cars.

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Tort for personal injuries alleged to have been sustained by the plaintiff on May 6, 1911, between eleven and twelve o’clock at night, when she was alighting as a passenger from an electric street railway car of the defendant on Boston Avenue near Arlington Street in West Medford, a usual stópping place for cars. Writ dated January 26, 1912. In the Superior Court the case was tried before Hitchcock, J. The material facts which could have been found upon the plaintiff’s evidence are stated in the opinion. At the close of the plaintiff’s evidence the defendant moved that a verdict be ordered…

1Opinion of the CourtDe Courcy, J.

It was undisputed that the electric car was in motion when the plaintiff stepped to the ground. It was slowing down without any unusual jolt or jar, and came to a stop from four to twelve feet farther on, according to the varying estimates of the witnesses.

The car was equipped with pneumatic doors, which opened by sliding into a recess in the side of the body of the car and were operated by the motorman. On the night of the accident, after one of the passengers gave the signal to stop, the plaintiff and three other passengers walked to the rear end of the car. Her witness, one Dominey, who…

2Cases cited7 opinions

  1. England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
  2. Oddy v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
  3. Fletcher v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
  4. Hannon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  5. Coneton v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Zelman v. Pennsylvania RailroadSupreme Court of New Jersey · 1919
  2. Carlson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1929
  3. Moulton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
  4. Perella v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
  5. Duffield v. PayneCalifornia Court of Appeal · 1924

3 more not listed; retrieve them via the Exa API.

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