Briggs v. Union Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff in attempting to get on one of the defendant’s cars in New Bedford. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified as follows: “ I am sixty-eight years of age. I have ridden considerably on street railway cars.
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Tort for personal injuries received by the plaintiff in attempting to get on one of the defendant’s cars in New Bedford. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified as follows: “ I am sixty-eight years of age. I have ridden considerably on street railway cars. Between four and five o’clock in the afternoon of the 26th of April,' 1887, by daylight, I was standing on the south side of the track, close to it, and near enough to the line of the railway to reach the right-hand horse. There was just room enough…
1Opinion of the CourtKnowlton, J.
The first question in this case is, whether there was any evidence that at the time of the accident the plaintiff was in the exercise of due care. The plaintiff’s conduct in its relation to the accident was particularly described in his testimony, and in the absence of any disclosure which, according to generally recognized standards of judgment, plainly showed it to have been negligent, it was for the jury, and not for the judge, to say whether it was reasonably careful. Whether a person riding upon the front or rear platform of a horse car, or *75getting on or off at either platform while the…
2Cases cited3 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875
- McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884
3Cited by12 opinions
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Citizens' Street Railroad v. SpahrIndiana Court of Appeals · 1893
- Corlin v. West End Street RailwayMassachusetts Supreme Judicial Court · 1891
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