Nichols v. Middlesex Railroad
Massachusetts Supreme Judicial Court
Tort against a street railroad corporation for personal injuries alleged to have been sustained by the female plaintiff through the defendants’ negligence.
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Tort against a street railroad corporation for personal injuries alleged to have been sustained by the female plaintiff through the defendants’ negligence. At the trial in the superior court, before Rockwell, J., it appeared that on December 31, 1868, Mrs. Nichols was a passenger on one of the defendants’ horse-cars going from Boston to Somerville ; that, as the car approached the place where she desired to stop, she got up, rang the bell, and went to the rear platform; “ and, as she stated in her testimony, that the car then stopped, and while she was in the act of stepping from the car-step…
1Opinion of the CourtMobton, J.
We are of opinion that the defendants’ exceptions must be sustained. The negligence of the defendants’ servants, of which the plaintiff complained, consisted solely in their starting the car suddenly while she was in the act of getting off, by which she was thrown down and injured. The bill of exceptions states that there was evidence tending to show that the plaintiff pulled the bell and immediately proceeded to get off the ear before it had stopped, and that neither the driver nor the con*465ductor knew that she was getting off the car till after she fell In view of this evidence the defendants…
2Cases cited1 opinion
- Simmons v. New Bedford, Vineyard & Nantucket Steamboat Co.Massachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
- Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875
- Gilbert v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Brown v. Seattle City Railway Co.Washington Supreme Court · 1897
- Stahl v. Southern Michigan Railway Co.Michigan Supreme Court · 1920
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