Legal Opinion

Payne v. Springfield Street Railway Co.

Massachusetts Supreme Judicial Court

Decided October 21, 1909PublishedCited by 8 opinions

Two ACTIONS OF TORT against the Springfield Street Railway Company, the first by Annie Payne, a married woman, for personal injuries alleged to have been caused by the negligence of the defendant’s servants in suddenly starting a car while she was upon the step attempting to board the car as a passenger on the evening of March 23, 1907, near the corner of Main Street and Taylor Street in Springfield, and the second by Peter Payne, the husband of the plaintiff in the first…

Read the full summary

Two ACTIONS OF TORT against the Springfield Street Railway Company, the first by Annie Payne, a married woman, for personal injuries alleged to have been caused by the negligence of the defendant’s servants in suddenly starting a car while she was upon the step attempting to board the car as a passenger on the evening of March 23, 1907, near the corner of Main Street and Taylor Street in Springfield, and the second by Peter Payne, the husband of the plaintiff in the first case, for loss sustained by him by reason of her injuries. Writs dated August 9, 1907. In the Superior Court the cases…

1Opinion of the CourtLoring, J.

These are two actions of tort brought for injuries suffered by the plaintiff in the first action while she was trying to board one of the defendant’s cars. The second action is brought by her husband, and is founded on the same accident. We shall speak of Mrs. Payne, the plaintiff in the first action, as the plaintiff.

The plaintiff’s case was that as the car in question approached a white post on Main Street in Springfield, where she with a companion was waiting for a car, she stepped into the street and signalled to the motorraan by putting up her hand; that “ she saw the motorman look right…

2Cases cited4 opinions

  1. Duchemin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
  2. Block v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
  3. Davey v. Greenfield & Turner's Falls Street Railway Co.Massachusetts Supreme Judicial Court · 1900
  4. Marshall v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909

3Cited by8 opinions

  1. Cummings v. National Shawmut Bank of BostonMassachusetts Supreme Judicial Court · 1933
  2. Gardner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  3. Franz v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1921
  4. Gagnon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  5. Perella v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API