Thompson v. Gardner, Westminster & Fitchburg Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, the first by a married woman for personal injuries received when alighting from an open electric car of the defendant on Park Street in the town of Gardner at about eight o’clock in the evening of August 16,1903, and the second by the husband of the plaintiff in the first case for the loss of her services by reason of her injuries.
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Two actions OF tort, the first by a married woman for personal injuries received when alighting from an open electric car of the defendant on Park Street in the town of Gardner at about eight o’clock in the evening of August 16,1903, and the second by the husband of the plaintiff in the first case for the loss of her services by reason of her injuries. Writs dated November 2, 1903. In the Superior Court the cases were tried together before De Qourcy, J. The material evidence is described in the opinion. At the close of the evidence the judge ordered verdicts for the defendant; and the…
1Opinion of the CourtHammond, J.
These two actions brought to recover damages by reason of injuries received by the plaintiff in the first action were tried, together. We shall speak only of the first because the second stands or falls with it.
The defendant’s track ran by the side of the road; and between the track and the sidewalk there was a gutter in the form of a ditch about one foot wide and about one foot deep, the nearest line of the ditch being two and one half feet from *134the nearest rail of the track. The car stopped for passengers to alight. It was about eight o’clock in the evening of the sixteenth day of August.…
2Cases cited3 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Bigelow v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Joslyn v. Milford, Holliston & Framingham Street Railway Co.Massachusetts Supreme Judicial Court · 1903
3Cited by7 opinions
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Wakeley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Lenoue v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1926
- McManus v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1928
- Shepard v. Denver Tramway Corp.Court of Appeals for the Tenth Circuit · 1932
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