Legal Opinion

Boyle v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided February 28, 1911PublishedCited by 10 opinions

Tort for personal injuries sustained by the plaintiff on August 31,1904, when she was a passenger on an electric street car of the defendant, which was derailed upon a disused railroad bridge on Dorchester Street, in that part of Boston called South Boston, at a place where that street was being widened and its grade lowered, went down a bank a distance of seven feet and turned over on its side.

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Tort for personal injuries sustained by the plaintiff on August 31,1904, when she was a passenger on an electric street car of the defendant, which was derailed upon a disused railroad bridge on Dorchester Street, in that part of Boston called South Boston, at a place where that street was being widened and its grade lowered, went down a bank a distance of seven feet and turned over on its side. Writ dated December 27, 1904. At the trial in the Superior Court before Karris, J., the jury returned a verdict for the plaintiff in the sum of $11,800. The defendant alleged exceptions, all of which…

1Opinion of the CourtLoring, J.

We are of opinion that the exception must be sustained which was taken to the admission in evidence of a typewritten statement of an examination of the motorman and conductor of the car here in question. This examination was made by one Shea, who was employed in the defendant’s claim department, a few days after the accident.

*42Just before the end of the direct examination of the motorman (who was called as a witness by the defendant), this statement of Shea’s examination and the accident report made by the same two employees were marked for identification. At the end of the motorman’s…

2Cases cited1 opinion

  1. Long v. DrewMassachusetts Supreme Judicial Court · 1873

3Cited by10 opinions

  1. United States Fidelity & Guaranty Co. v. Continental Baking Co.Court of Appeals of Maryland · 1937
  2. Leonard v. TaylorMassachusetts Supreme Judicial Court · 1944
  3. Louis Eckels & Sons Ice Manufacturing Co. v. Cornell Economizer Co.Court of Appeals of Maryland · 1912
  4. Shear v. RogoffMassachusetts Supreme Judicial Court · 1934
  5. Renwick v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1931

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