Mabry v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries sustained by a married woman by reason of the negligent starting from a stationary position of an open street car of the defendant in the Haymark'et Square station of the subway in Boston as she was in the act of alighting, and the second by the husband of the plaintiff in the first action for expenses and loss of consortium caused by her injuries.
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Two actions of tort, the first for personal injuries sustained by a married woman by reason of the negligent starting from a stationary position of an open street car of the defendant in the Haymark'et Square station of the subway in Boston as she was in the act of alighting, and the second by the husband of the plaintiff in the first action for expenses and loss of consortium caused by her injuries. Writs dated September 28, 1910. In the Superior Court the cases were tried before Diibuque, J. The material facts are stated in the opinion. The jury found for the plaintiff in the first case in…
1Opinion of the CourtDe Courcy, J.
As both parties agree, the issue raised by the pleadings and the evidence in these cases was narrow and well defined. The testimony offered for Martha Mabry, hereinafter called the plaintiff, was in substance that the car had come to a stop and six passengers had alighted, and that before the plaintiff, in the act of alighting, had an opportunity to step from the running board the conductor gave the two-bell signal and the car started with a sudden jerk, throwing her to the station platform. On the defendant’s evidence the injury was caused by the plaintiff’s attempt to leave the moving car…
2Cases cited1 opinion
- Marshall v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
3Cited by5 opinions
- Fulton v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1939
- Elger v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
- Perella v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
- McCoy v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1920
- Wright v. Boston & Maine RailroadSupreme Court of New Hampshire · 1927